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BGB 303 If the obligor is obliged to surrender a plot of land or a registered ship or ship under construction , he may abandon possession after the obligee is in default . The obligee must be threatened with abandonment beforehand , unless the threat is impracticable .
BGB 1179a. 2 The deletion of a mortgage which is merged with the ownership in one person under section 1163 ( 1 ) sentence 1 may not be demanded under subsection ( 1 ) unless it appears that the claim to be secured will no longer come into existence ; however , the claim for deletion is available from this point of time on with regard to the mergers existing beforehand . A claim under subsection ( 1 ) is not constituted by the merger of a mortgage with ownership in accordance with section 1163 ( 2 ) .