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| BGB 434. 1 The thing is free from material defects if , upon the passing of the risk , the thing has the agreed quality . To the extent that the quality has not been agreed , the thing is free of material defects if it is suitable for the use intended under the contract , if it is suitable for the customary use and its quality is usual in things of the same kind and the buyer may expect this quality in view of the type of the thing . Quality under sentence 2 no . 2 above includes characteristics which the buyer can expect from the public statements on specific characteristics of the thing that are made by the seller , the producer ( section 4 ( 1 ) and ( 2 ) of the Product Liability Act [ Produkthaftungsgesetz ] ) or his assistant , including without limitation in advertising or in identification , unless the seller was not aware of the statement and also had no duty to be aware of it , or at the time when the contract was entered into it had been corrected in a manner of equal value , or it did not influence the decision to purchase the thing . |
| BGB 470 The right of preemption , in case of doubt , does not apply to a sale that is made to an heir on intestacy with a view to a future right of succession . |
| BGB 576. 1 If residential space is leased in view of the existence of a service relationship , then the lessor may upon termination of the employment and notwithstanding section 573c ( 1 ) sentence 2 terminate the lease with the following notice periods : for residential space the lessee has been permitted to use for less than ten years , at the latest on the third working day of a calendar month to the end of the second month thereafter if the residential space is needed for another person obliged to perform services ; at the latest on the third working day of a calendar month to the end of that month if the service relationship by its nature requires permission to use residential space that is located in immediate relation to or in the immediate vicinity of the place of work and the residential space is needed for the same reason for another person obliged to perform services . |
| BGB 588. 3 To the extent that the usufructuary lessee , due to measures under subsection ( 2 ) sentence 1 , earns higher income or could earn it with proper management , the lessor may demand that the lessee gives prior consent to a reasonable increase in rent unless the usufructuary lessee cannot reasonably be expected to accept an increase in rent in view of the circumstances of the business . |
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