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Fachbebietfehlt Trennung: question
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BGB 180 Agency without authority is not permitted for a unilateral legal transaction . However , if the person in relation to whom such a legal transaction was to be undertaken did not , when the legal transaction was undertaken , question the power of agency the agent claimed to have , or if he was in agreement that the agent might act without authority , the provisions on contracts apply with the necessary modifications . The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent .
BGB 281. 3 If the nature of the breach of duty is such that setting a period of time is out of the question , a warning notice is given instead .
BGB 323. 3 If the nature of the breach of duty is such that setting a period of time is out of the question , a warning notice is given instead .
BGB 439. 3 Without prejudice to section 275 ( 2 ) and ( 3 ) , the seller may refuse to provide the kind of cure chosen by the buyer , if this cure is possible only at disproportionate expense . In this connection , account must be taken in particular , without limitation , of the value of the thing when free of defects , the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer . The claim of the buyer is restricted in this case to the alternative kind of cure ; the right of the seller to refuse the alternative kind of cure too , subject to the requirements of sentence 1 above , is unaffected .