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BGB 340. 2 If the obligee is entitled to a claim to damages for nonperformance , he may demand the penalty payable as the minimum amount of the damage . Assertion of additional damage is not excluded .
Section 559b Assertion of an increase ; effect of declaration of increase
BGB 584b If the usufructuary lessee fails to return the leased property upon termination of the usufructuary lease , then the lessor may , for the duration of the retention , demand the agreed rent as compensation in the ratio of the emoluments which the lessee took or could have taken in this period to the emoluments of the whole lease year . Assertion of additional damage is not excluded .
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 .