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Deutschpresumption Grundwort fehlt
Fachbebietfehlt Trennung: presumption
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BGB 443. 2 To the extent that a guarantee of durability has been given , there is a presumption that a material defect which appears during the guarantee period triggers the rights under the guarantee .
BGB 476 If , within six months after the date of the passing of the risk , a material defect manifests itself , it is presumed that the thing was already defective when risk passed , unless this presumption is incompatible with the nature of the thing or of the defect .
BGB 585b. 3 If a description of this type has been prepared , then the presumption between the parties to the contract is that it is correct .
BGB 648a. 5 If the contractor has unsuccessfully set the customer a suitable deadline to provide the security in accordance with subsection ( 1 ) , the contractor may refuse to carry out the work or may terminate the contract . If he terminates the contract , the contractor is also entitled to claim the agreed remuneration ; he must however allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .