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BGB 309. L claims for damages ) the agreement of a lump-sum claim by the user for damages or for compensation of a decrease in value if a)the lump sum , in the cases covered , exceeds the damage expected under normal circumstances or the customarily occurring decrease in value , or b)the other party to the contract is not expressly permitted to show that damage or decrease in value has either not occurred or is substantially less than the lump sum ;
BGB 503. 2 The entrepreneur may only withdraw from an instalment payment transaction by reason of default in payment by the consumer if the requirements described in section 498 ( 1 ) are satisfied . The consumer must also compensate the entrepreneur for the expenses incurred as a result of the contract . In the calculation of remuneration for the emoluments of a thing to be returned , the decrease in value that has since occurred must be taken into account . If the entrepreneur takes back the thing supplied under the instalment payment transaction , he is deemed to be exercising the right of withdrawal , unless the entrepreneur agrees with the consumer to pay the latter the usual market value of the thing at the time of its removal . Sentence 4 applies with the necessary modifications if a contract for the supply of a thing is connected to a consumer loan contract ( section 358 ( 2 ) ) and if the lender takes the thing for himself ; in the case of withdrawal , the legal relationship between the lender and the consumer is determined under sentences 2 and 3.
BGB 849 If compensation is to be paid for the value of a thing of which a person has been deprived , or if compensation is to be paid for the decrease in value of a thing as a result of damage , then the injured person may demand interest on the amount to be paid in compensation from the date on which the determination of the value is based .
BGB 1218. 1 If the spoilage of the pledged item or a substantial decrease in its value is to be feared , the pledgor may demand the return of the pledged item in return for the provision of some other security ; the provision of security by sureties is excluded .