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BGB 312f If a continuing obligation is established between an entrepreneur and a consumer pursuant to this subtitle intended to substitute a continuing obligation existing between the consumer and another entrepreneur , and on the occasion of the establishment of the continuing obligation the consumer declares the termination of the existing continuing obligation and commissions the entrepreneur or a third party commissioned by the latter to transmit the termination to the previous contractual partner of the consumer , or empowers the entrepreneur or a third party commissioned by the latter to declare the termination towards the consumer’s previous contractual partner , the consumer’s termination or the power of attorney shall require to be in text form .
BGB 648a. 1 A contractor for a building , outdoor facilities or a part thereof may demand a security from the customer for the remuneration also agreed in additional commissions and not yet paid , including associated incidental claims , which are to be estimated at ten per cent of the remuneration claim to be secured . Sentence 1 also applies to the same degree to claims replacing the remuneration . The claim of the contractor for a security is not ruled out by the customer being able to demand fulfilment or having accepted the work . Claims with which the customer is able to offset against the contractors right to remuneration are disregarded when calculating the remuneration unless they are non-contentious or have been ascertained with the force of law . The security is to be deemed sufficient even if the provider of the security reserves the right to revoke his promise , in case of substantial deterioration of the financial circumstances of the customer , with effect for claims to remuneration for building work that the contractor has not yet performed when the declaration of revocation is received .