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| BGB 298 If the obligor is only obliged to perform in return for an act of performance by the obligee , the obligee is in default if , although he is willing to accept the performance offered , he does not offer the consideration demanded . |
| BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned . |
| BGB 347. 1 If the obligor fails to take emoluments contrary to the rules of proper management although he could have done so , then he is obliged to compensate the obligee for the value . In the case of a statutory right of withdrawal , the person entitled must in regard to emoluments be responsible only for the care that he customarily exercises in his own affairs . |
| BGB 536b If the lessee knows of the defect when entering into the agreement , then he does not have the rights under sections 536 and 536a. If he remains unaware of the defect due to gross negligence , then he has these rights only if the lessor fraudulently concealed the defect . If the lessee accepts a defective thing although he is aware of the defect , then he may only assert the rights under sections 536 and 536a if he reserved his rights at the time of acceptance . |
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