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BGB 49. 1 The liquidators must complete the current business , collect the receivables , convert the rest of the assets into cash , satisfy the creditors and pay out the surplus to those entitled to receive it . In order to complete transactions that are in progress , the liquidators may also enter into new transactions . The collection of receivables and the conversion of the rest of the assets into cash may be omitted to the extent that these measures are not necessary to satisfy the creditors or to distribute the surplus among those entitled to receive it .
BGB 281. 1 To the extent that the obligor does not render performance when it is due or does not render performance as owed , the obligee may , subject to the requirements of section 280 ( 1 ) , demand damages in lieu of performance , if he has without result set a reasonable period for the obligor for performance or cure . If the obligor has performed only in part , the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance . If the obligor has not rendered performance as owed , the obligee may not demand damages in lieu of performance if the breach of duty is immaterial .
BGB 281. 5 If the obligee demands damages in lieu of complete performance , the obligor is entitled to claim the return of his performance under sections 346 to 348.
BGB 320. 1 A person who is a party to a reciprocal contract may refuse his part of the performance until the other party renders consideration , unless he is obliged to perform in advance . If performance is to be made to more than one person , an individual person may be refused the part performance due to him until the complete consideration has been rendered . The provision of section 273 ( 3 ) does not apply .