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BGB 164. 1 A declaration of intent which a person makes within the scope of his own power of agency in the name of a principal takes effect directly in favour of and against the principal . It is irrelevant whether the declaration is made explicitly in the name of the principal , or whether it may be gathered from the circumstances that it is to be made in his name .
BGB 305. 1 Standard business terms are all contract terms pre-formulated for more than two contracts which one party to the contract ( the user ) presents to the other party upon the entering into of the contract . It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself , what their volume is , what typeface or font is used for them and what form the contract takes . Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties .
BGB 1371. 1 If the property regime is ended by the death of a spouse , the equalisation of the accrued gains is effected by the share of the inheritance on intestacy of the surviving spouse being increased by one quarter of the inheritance ; it is irrelevant here whether the spouses in the individual case have made accrued gains .