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BGB 123. 2 If a third party committed this deceit , a declaration that had to be made to another may be avoided only if the latter knew of the deceit or ought to have known it . If a person other than the person to whom the declaration was to be made acquired a right as a direct result of the declaration , the declaration made to him may be avoided if he knew or ought to have known of the deceit .
BGB 143. 2 The opponent is , in the case of a contract , the other party to the contract and , in the case of section 123 ( 2 ) sentence 2 , the person who has acquired a right directly under the contract .
BGB 333 If the third party rejects the right under the contract towards the promisor , the right is deemed to not have been acquired .
BGB 392 By the seizure of a claim , the set-off of a claim to which the obligor is entitled in relation to the obligee is only excluded if the obligor acquired his claim after the seizure , or if his claim only became due after the seizure and later than the seized claim .