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BGB 249. 2 Where damages are payable for injury to a person or damage to a thing , the obligee may demand the required monetary amount in lieu of restoration . When a thing is damaged , the monetary amount required under sentence 1 only includes value-added tax if and to the extent that it is actually incurred .
BGB 294 The obligee must actually be offered performance exactly as it is to be rendered .
BGB 907. 1 The owner of a plot of land may require that on the neighbouring plot of land no facilities may be produced or kept of which it can be predicted with certainty that their existence or use have an impermissible influence on the owner's plot of land . Where an installation satisfies the provisions of Land law that prescribe a specific distance from the boundary or other protective measures , then the removal of the installation may be required only if the impermissible influence actually occurs .
BGB 1678. 1 Where a parent is actually prevented from exercising parental custody , or where his parental custody is suspended , the other parent exercises the parental custody alone ; this does not apply if the parental custody under section 1626a ( 2 ) , section 1671 or section 1672 ( 1 ) was held by the parent alone .