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BGB 259. 2 Where there is reason to assume that the information on earnings contained in the account has not been provided with the requisite care the person obliged must , upon demand , declare for the record in lieu of an oath that he has indicated the earnings as completely as he is able to .
BGB 260. 2 Where there is reason to assume that the list has not been prepared with the requisite care , the person obliged must upon demand declare for the record in lieu of an oath that to the best of his knowledge he has indicated the inventory as completely as he is able to .
BGB 264. 1 If the obligor entitled to the right of choice does not exercise that right prior to the beginning of execution , the obligee , at his choice , may direct execution to one performance or the other ; however , as long as the obligee has not received the performance chosen , completely or in part , the obligor may release himself from his obligation through one of the other acts of performance .
BGB 498. 3 Subsection ( 1 ) applies to real estate loan contracts on proviso that the borrower must be completely or partly in arrears in respect of at least two consecutive instalments and of at least 2. 5 percent of the nominal amount of the loan .