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BGB 596a. 3 Subsection ( 1 ) also applies to timber intended for felling but not yet felled . If the usufructuary lessee has felled more timber than allowed in the case of proper use , then he must compensate the lessor for the quantity of timber that exceeds normal use . Assertion of additional damage is not excluded .
BGB 596b. 2 To the extent that the usufructuary lessee is obliged under subsection ( 1 ) to leave produce behind in a greater quantity or of a better quality than he took over at commencement of the lease , then he may demand compensation of their value from the lessor .
BGB 700. 1 If fungible things are deposited in such a way that ownership is to pass to the depositary and the depositary is to be obliged to return things of the same type , quality and quantity , then in the case of money the provisions on loan contracts apply , and in the case of other things the provisions on contracts for the loan of things apply . If the depositor permits the depositary to consume fungible things , then in the case of money the provisions on loan contracts apply and in the case of other things the provisions on contracts for the loan of a thing apply from the point of time when the depositary appropriates the things on . In both cases , the time and place for return are , in case of doubt , determined under the provisions of the safekeeping contract .