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Fachbebietfehlt Trennung: sued
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BGB 210. 2 Subsection ( 1 ) does not apply to the extent that a person with limited capacity to contract is capable of suing and being sued .
BGB 428 If more than one person is entitled to demand performance in such a way that each may demand the entire performance but the obligor is only obliged to effect the performance once ( joint and several creditors ) , the obligor may at his discretion effect performance to each of the obligees . This also applies if one of the obligees has already sued for performance .