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| BGB 31 The association is liable for the damage to a third party that the board , a member of the board or another constitutionally appointed representative causes through an act committed by it or him in carrying out the business with which it or he is entrusted , where the act gives rise to a liability in damages . |
| BGB 138. 2 In particular , a legal transaction is void by which a person , by exploiting the predicament , inexperience , lack of sound judgement or considerable weakness of will of another , causes himself or a third party , in exchange for an act of performance , to be promised or granted pecuniary advantages which are clearly disproportionate to the performance . |
| BGB 164. 2 If the intent to act on behalf of another is not evident , the lack of intent on the part of the agent to act on his own behalf is not taken into consideration . |
| BGB 180 Agency without authority is not permitted for a unilateral legal transaction . However , if the person in relation to whom such a legal transaction was to be undertaken did not , when the legal transaction was undertaken , question the power of agency the agent claimed to have , or if he was in agreement that the agent might act without authority , the provisions on contracts apply with the necessary modifications . The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent . |
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