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BGB 312f If a continuing obligation is established between an entrepreneur and a consumer pursuant to this subtitle intended to substitute a continuing obligation existing between the consumer and another entrepreneur , and on the occasion of the establishment of the continuing obligation the consumer declares the termination of the existing continuing obligation and commissions the entrepreneur or a third party commissioned by the latter to transmit the termination to the previous contractual partner of the consumer , or empowers the entrepreneur or a third party commissioned by the latter to declare the termination towards the consumer’s previous contractual partner , the consumer’s termination or the power of attorney shall require to be in text form .
BGB 340. 1 If the obligor has promised the penalty in the event that he fails to perform his obligation , the obligee may demand the penalty that is payable in lieu of fulfilment . If the obligee declares to the obligor that he is demanding the penalty , the claim to performance is excluded .
BGB 344 If the law declares that the promise of an act of performance is ineffective , then the agreement of a penalty made for the event of failure to fulfil the promise is likewise ineffective , even if the parties knew of the ineffectiveness of the promise .
BGB 352 Withdrawal for failure to perform an obligation is ineffective if the obligor was able to release himself from the obligation by means of set-off and he declares set-off without undue delay after the withdrawal .