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| BGB 132. 2 If the person declaring is unaware , through no negligence on his part , of the identity of the person to whom the declaration is to be made , or if the whereabouts of this person are unknown , service may be effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] relating to service by publication . In the former case , the local court [ Amtsgericht ] competent for the approval is the one in whose district the person declaring has his residence , or in the absence of a residence within the country , his abode ; in the latter case , the local court [ Amtsgericht ] competent for the approval is the one in the district of which the person to whom service is required to be effected had his last residence , or , in the absence of a residence within the country , his last abode . |
| BGB 523. 2 If the donor promised to provide an object that he had to acquire first , the donee may demand damages for non-performance for a legal defect if the defect was known to the donor upon acquisition of the thing or remained unknown as a result of gross negligence . The provisions of section 433 ( 1 ) and sections 435 , 436 , 444 , 452 and 453 on the liability of the seller for legal defects apply with the necessary modifications . |
| BGB 887 Where the person whose claim is secured by the priority notice is unknown , his right may be excluded by way of public notice procedure if the requirements for the exclusion of a mortgage creditor laid down in section 1170 are satisfied . When the exclusory order comes into legal effect , the effect of the priority notice is extinguished . |
| Section 1104 Exclusion of unknown entitled persons |
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