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BGB 81. 1 A lifetime endowment transaction must be in writing . It must contain the binding declaration by the founder that he will dedicate assets to achieve an object specified by himself . The endowment transaction must give the foundation a charter with provisions on the name of the foundation , the seat of the foundation , the objects of the foundation , the assets of the foundation , the composition of the foundation board . If the endowment transaction does not satisfy the requirements of sentence 3 above and if the founder is dead , section 83 sentences 2 to 4 apply with the necessary modifications . BGB 81. 2 Until the foundation is recognised as having legal personality , the founder has a right to revoke the endowment transaction . If an application has been made for recognition by the competent public authority , the revocation may be declared only to that public authority . The heir of the founder is not entitled to revoke the endowment transaction if the founder made the application to the competent public authority , or , if the endowment transaction was notarially recorded , the founder , at or after the notarial recording , instructed the notary to make the application .
BGB 182. 3 If a unilateral legal transaction whose effectiveness depends on the approval of a third party is undertaken with the consent of the third party , then the provisions of section 111 sentences 2 and 3 apply with the necessary modifications .
BGB 283 If , under section 275 ( 1 ) to ( 3 ) , the obligor is not obliged to perform , the obligee may , if the requirements of section 280 ( 1 ) are satisfied , demand damages in lieu of performance . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .
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 .