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BGB 275. 2 The obligor may refuse performance to the extent that performance requires expense and effort which , taking into account the subject matter of the obligation and the requirements of good faith , is grossly disproportionate to the interest in performance of the obligee . When it is determined what efforts may reasonably be required of the obligor , it must also be taken into account whether he is responsible for the obstacle to performance .
BGB 275. 3 In addition , the obligor may refuse performance if he is to render the performance in person and , when the obstacle to the performance of the obligor is weighed against the interest of the obligee in performance , performance cannot be reasonably required of the obligor .
BGB 311a. 1 A contract is not prevented from being effective by the fact that under section 275 ( 1 ) to ( 3 ) the obligor does not need to perform and the obstacle to performance already exists when the contract is entered into .
BGB 311a. 2 The obligee may , at his option , demand damages in lieu of performance or reimbursement of his expenses in the extent specified in section 284. This does not apply if the obligor was not aware of the obstacle to performance when entering into the contract and is also not responsible for his lack of awareness . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .