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Deutschrestitution Grundwort fehlt
Fachbebietfehlt Trennung: restitution
Inhaltfehlt Status:
Worttyp fehlt
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 .
Section 812 Claim for restitution
BGB 812. 1 A person who obtains something as a result of the performance of another person or otherwise at his expense without legal grounds for doing so is under a duty to make restitution to him . This duty also exists if the legal grounds later lapse or if the result intended to be achieved by those efforts in accordance with the contents of the legal transaction does not occur .
BGB 816. 1 If an unauthorised person disposes of an object and the decision is effective against the authorised person , then he is obliged to make restitution to the authorised person of what he gains by the disposal . If the disposition is gratuitous , then the same duty applies to a person who as a result of the disposition directly gains a legal advantage .