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BGB 27. 2 The appointment is revocable at any time , notwithstanding the claim to payment in conformity with contract . The revocability may be restricted by the articles of association to the case where there is a compelling reason for the revocation ; such a reason includes without limitation a gross breach of duty or inability to effect proper management .
BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected .
Section 323 Withdrawal for nonperformance or for performance not in conformity with the contract* )
BGB 323. 1 If , in the case of a reciprocal contract , the obligor does not render an act of performance which is due , or does not render it in conformity with the contract , then the obligee may withdraw from the contract , if he has specified , without result , an additional period for performance or cure .