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BGB 116 A declaration of intent is not void by virtue of the fact that the person declaring has made a mental reservation that he does not want the declaration made . The declaration is void if it is to be made to another person who knows of the reservation .
BGB 155 If the parties to a contract which they consider to have been entered into have , in fact , not agreed on a point on which an agreement was required to be reached , whatever is agreed is applicable if it is to be assumed that the contract would have been entered into even without a provision concerning this point .
BGB 311a. 1 A contract is not prevented from being effective by the fact that under section 275 ( 1 ) to ( 3 ) the obligor does not need to perform and the obstacle to performance already exists when the contract is entered into .
BGB 391. 1 Set-off is not excluded by the fact that the claims are for different places of performance or of delivery . However , the party setting off must compensate for the damage incurred by the other party due to the fact that he does not receive or cannot render performance at the specified place .