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Deutsch | judicial | Grundwort | fehlt |
Fachbebiet | fehlt |
Trennung: | judicial |
Inhalt | fehlt |
Status: | |
Worttyp | fehlt |
| BGB 212. 1 The limitation period recommences if the obligor acknowledges the claim towards the obligee by part payment , the payment of interest , the provision of security or in another way , or a judicial or official act of execution is undertaken or applied for . BGB 212. 2 The recommencement of the limitation period as a result of an act of execution is considered not to have occurred if the act of execution is cancelled on the application of the obligee or as the result of a failure to comply with the statutory requirements . BGB 212. 3 The recommencement of the limitation period as a result of an application for an act of execution is considered not to have occurred if the application is not granted or is withdrawn before the act or the act of execution obtained is cancelled under subsection ( 2 ) above . |
| BGB 315. 3 Where the specification is to be made at the reasonably exercised discretion of a party , the specification made is binding on the other party only if it is equitable . If it is not equitable , the specification is made by judicial decision ; the same applies if the specification is delayed . |
| BGB 319. 1 If the third party is to specify performance at its reasonably exercised discretion , the specification made is not binding on the parties to the contract if it is evidently inequitable . The specification is made in this case by judicial decision ; the same applies if the third party cannot or does not want to make the specification or if it delays it . |
| BGB 343. 1 If a payable penalty is disproportionately high , it may on the application of the obligor be reduced to a reasonable amount by judicial decision . In judging the appropriateness , every legitimate interest of the obligee , not merely his financial interest , must be taken into account . Once the penalty is paid , reduction is excluded . |
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