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BGB 439. 3 Without prejudice to section 275 ( 2 ) and ( 3 ) , the seller may refuse to provide the kind of cure chosen by the buyer , if this cure is possible only at disproportionate expense . In this connection , account must be taken in particular , without limitation , of the value of the thing when free of defects , the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer . The claim of the buyer is restricted in this case to the alternative kind of cure ; the right of the seller to refuse the alternative kind of cure too , subject to the requirements of sentence 1 above , is unaffected .
BGB 490. 1 If there is or threatens to be a substantial deterioration in the financial circumstances of the borrower or in the value of a security given for the loan as a result of which the repayment of the loan is jeopardised even if the security is realised , the lender may give notice of termination of the loan agreement with immediate effect ; in case of doubt , extraordinary notice of termination is available before the loan is paid out , under all circumstances , but , after the loan has been paid out , only as a general rule .
BGB 543. 2 A compelling reason is deemed to obtain in cases including without limitation where the lessee is not permitted the use of the leased property in conformity with contract , in whole or in part , in good time , or is deprived of this use , the lessee violates the rights of the lessor to a substantial degree by substantially endangering the leased property by neglecting to exercise the care incumbent upon him or by allowing a third party to use it without authorisation , or the lessee a)is in default , on two successive dates , of payment of the rent or of a portion of the rent that is not insignificant , or b)in a period of time spanning more than two dates is in default of payment of the rent in an amount that is as much as the amount of rent for two months . In the case of sentence 1 no . 3 , termination is excluded if the lessor has by then obtained satisfaction . It becomes ineffective if the lessee has succeeded in discharging his debt by set-off and declares set-off without undue delay after notice of termination is given .
BGB 573. 2 A justified interest of the lessor in the termination of the lease exists , without limitation , in cases where the lessee has culpably and non-trivially violated his contractual duties , the lessor needs the premises as a dwelling for himself , members of his family or members of his household , or the lessor , by continuing the lease , would be prevented from making appropriate commercial use of the plot of land and would as a result suffer substantial disadvantages ; the possibility of attaining a higher rent by leasing the residential space to others is disregarded ; the lessor may likewise not invoke the fact that he wishes to dispose of the residential premises in connection with an intention to create apartment ownership , or in connection with a creation of apartment ownership that took place after use of the residential space was granted to the lessee .