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| BGB 132. 2 If the person declaring is unaware , through no negligence on his part , of the identity of the person to whom the declaration is to be made , or if the whereabouts of this person are unknown , service may be effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] relating to service by publication . In the former case , the local court [ Amtsgericht ] competent for the approval is the one in whose district the person declaring has his residence , or in the absence of a residence within the country , his abode ; in the latter case , the local court [ Amtsgericht ] competent for the approval is the one in the district of which the person to whom service is required to be effected had his last residence , or , in the absence of a residence within the country , his last abode . |
| Section 211 Suspension of expiry in matters relating to estates |
| BGB 309. D of continuing obligations ) in a contractual relationship the subject matter of which is the regular supply of goods or the regular rendering of services or work performance by the user , a)a duration of the contract binding the other party to the contract for more than two years , b)a tacit extension of the contractual relationship by more than one year in each case that is binding on the other party to the contract , or c)a notice period longer than three months prior to the expiry of the duration of the contract as originally agreed or tacitly extended at the expense of the other party to the contract ; this does not apply to contracts relating to the supply of things sold as belonging together , to insurance contracts or to contracts between the holders of copyright rights and claims and copyright collecting societies within the meaning of the Act on the Administration of Copyright and Neighbouring Rights [ Gesetz über die Wahrnehmung von Urheberrechten und verwandten Schutzrechten ] ; |
| BGB 310. 1 Section 305 ( 2 ) and ( 3 ) and sections 308 and 309 do not apply to standard business terms which are used in contracts with an entrepreneur , a legal person under public law or a special fund under public law . Section 307 ( 1 ) and ( 2 ) nevertheless apply to these cases in sentence 1 to the extent that this leads to the ineffectiveness of the contract provisions set out in sections 308 and 309 ; reasonable account must be taken of the practices and customs that apply in business dealings . In cases coming under sentence 1 , section 307 ( 1 ) and ( 2 ) do not apply to contracts in which the entire Award Rules for Building Works , Part B [ Vergabe - und Vertragsordnung für Bauleistungen Teil B - VOB/B ] in the version applicable at the time of conclusion of the contract are included without deviation as to their content , relating to an examination of the content of individual provisions . |
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