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Deutschnon-performance Grundwort fehlt
Fachbebietfehlt Trennung: non-performance
Inhaltfehlt Status:
Worttyp fehlt
BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected .
BGB 338 If the performance owed by the giver of the earnest becomes impossible due to a circumstance for which he is responsible , or if the giver of the earnest is responsible for the cancellation of the contract entered into , the receiver of the earnest may retain it . If the receiver demands damages for non-performance , the earnest must , in case of doubt , be credited against it , or if this cannot occur , must be returned when damages are paid .
BGB 523. 2 If the donor promised to provide an object that he had to acquire first , the donee may demand damages for non-performance for a legal defect if the defect was known to the donor upon acquisition of the thing or remained unknown as a result of gross negligence . The provisions of section 433 ( 1 ) and sections 435 , 436 , 444 , 452 and 453 on the liability of the seller for legal defects apply with the necessary modifications .
BGB 524. 2 If the donor promised to provide a thing designated only by class that he had to acquire first , the donee may , if the thing provided is defective and the donor was aware of the defect when the thing was acquired or remained unaware of it due to gross negligence , demand that in place of the defective thing a thing free of defects is supplied . If the donor fraudulently concealed the defect , the donee may demand damages for non-performance in place of supply of a thing free of defects . The provisions applicable to a warranty for defects in a thing sold apply to these claims with the necessary modifications .