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| herausgerissenen |
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| BGB 434. 1 The thing is free from material defects if , upon the passing of the risk , the thing has the agreed quality . To the extent that the quality has not been agreed , the thing is free of material defects if it is suitable for the use intended under the contract , if it is suitable for the customary use and its quality is usual in things of the same kind and the buyer may expect this quality in view of the type of the thing . Quality under sentence 2 no . 2 above includes characteristics which the buyer can expect from the public statements on specific characteristics of the thing that are made by the seller , the producer ( section 4 ( 1 ) and ( 2 ) of the Product Liability Act [ Produkthaftungsgesetz ] ) or his assistant , including without limitation in advertising or in identification , unless the seller was not aware of the statement and also had no duty to be aware of it , or at the time when the contract was entered into it had been corrected in a manner of equal value , or it did not influence the decision to purchase the thing . |
| BGB 2066 If the testator has made provision for his heirs on intestacy without more precise identification , provision is made to the persons who would be his heirs on intestacy at the time of the devolution of the inheritance in accordance with the proportions of their shares of the inheritance on intestacy . Where the gift is made subject to a condition precedent or together with the specification of a date of commencement , and where the condition is satisfied or the date occurs only after the devolution of the inheritance , then in case of doubt provision is to be seen as made to those persons who would be the heirs on intestacy if the testator had died at the time when the condition was satisfied or on the date of the commencement . |
| BGB 2067 If the testator has made provision for his relatives or his next of kin without more precise identification , then in case of doubt provision is to be regarded as having been made to those relatives who would be his heirs on intestacy at the time of the devolution of the inheritance , in accordance with the proportions of their shares of the inheritance on intestacy . The provision of section 2066 sentence 2 applies . |
| BGB 2068 If the testator has made provision for his children without more precise identification and if a child died before the making of the will , leaving descendants , then in case of doubt it is to be assumed that the provision has been made to the descendants to the extent that they would take the place of the child in intestate succession . |
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