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Fachbebietfehlt Trennung: encumbered
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BGB 216. 1 The limitation of a claim for which a mortgage , ship mortgage or security right exists does not prevent the obligee from seeking satisfaction of his claim from the object encumbered .
BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower .
BGB 567 If , subsequent to permission of use to the lessee , the leased residential space is encumbered by the lessor with a third-party right , then sections 566 to 566e are to be applied with the necessary modifications if by exercise of the right the lessee is deprived of the use of it in conformity with the contract . If the lessee is restricted by the exercise of this right in his use in conformity with the contract , then the third party has a duty to the lessee to refrain from exercising the right to the extent that exercising the right would adversely affect use in conformity with the contract .
BGB 567b If the leased residential space is further disposed of or encumbered by the acquirer , then sections 566 ( 1 ) and sections 566a to 567a are to be applied with the necessary modifications . If the new acquirer fails to perform the duties arising from the lease , then the lessor is liable to the lessee under section 566 ( 2 ) .