| Fachwort |
|
|
| Deutsch | deterioration | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | deterio|rat|ion |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| BGB 292. 1 If the obligor must return a specific object , then , from the date when litigation is pending , the claim to damages of the obligee for deterioration , destruction or for impossibility of return for another reason is determined under the provisions that apply to the relationship between an owner and a possessor from the date when litigation on a claim to ownership is pending , except where the obligation or the default of the obligor leads to a different conclusion in favour of the obligee . |
| BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower . |
| BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned . |
| BGB 357. 3 The consumer , notwithstanding section 346 ( 2 ) sentence 1 no . 3 , must pay compensation for value for any deterioration caused by putting the thing to its intended use , if , at the latest when the contract was entered into , his attention was drawn in text form to this legal consequence and to a possibility of avoiding it . This does not apply if the deterioration is exclusively due to examining the thing . Section 346 ( 3 ) sentence 1 no . 3 does not apply if the consumer has been properly instructed on his right of revocation or he has obtained knowledge of it in another way . |
| |
