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| BGB 42. 2 If an association is insolvent or is overindebted , the board must petition for the commencement of insolvency proceedings . If there is delay in petitioning , the members of the board who are at fault are responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors . |
| BGB 53 Liquidators who commit breaches of their duties under section 42 ( 2 ) and sections 50 , 51 and 52 or who , before the satisfaction of the creditors , distribute assets to the persons entitled to receive are , if they are at fault , responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors . |
| BGB 204. 2 Suspension under subsection ( 1 ) above ends six months after the final and absolute decision in the proceedings commenced , or after they end in another way . If the proceedings come to a standstill because the parties do not prosecute them , the date of the last act in the proceedings by the parties , the court or other body responsible for the proceedings takes the place of the date when the proceedings end . Suspension commences again if one of the parties continues the proceedings . |
| BGB 265 If one of the acts of performance is impossible from the beginning or if it later becomes impossible , the obligation is restricted to the other acts of performance . There is no restriction if performance becomes impossible due to a circumstance for which the party who is not entitled to the right of choice is responsible . |
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