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BGB 281. 3 If the nature of the breach of duty is such that setting a period of time is out of the question , a warning notice is given instead .
BGB 286. 1 If the obligor , following a warning notice from the obligee that is made after performance is due , fails to perform , he is in default as a result of the warning notice . Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice .
BGB 286. 2 There is no need for a warning notice if a period of time according to the calendar has been specified , performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated , starting from the event , according to the calendar , the obligor seriously and definitively refuses performance , for special reasons , weighing the interests of both parties , the immediate commencement of default is justified .
BGB 309. W notice , setting of a period of time ) a provision by which the user is exempted from the statutory requirement of giving the other party to the contract a warning notice or setting a period of time for the latter to perform or cure ;