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BGB 309. B of proof ) a provision by which the user modifies the burden of proof to the disadvantage of the other party to the contract , in particular by a)imposing on the latter the burden of proof for circumstances lying in the sphere of responsibility of the user , or b)having the other party to the contract confirm certain facts ; letter ( b ) does not apply to acknowledgements of receipt that are signed separately or provided with a separate qualified electronic signature ;
BGB 363 If the obligee has accepted performance offered to him as performance of contract , he bears the burden of proof if he does not wish to have the performance considered as performance of contract because it was different from the performance owed or because it was incomplete .
Section 476 Shifting the burden of proof
BGB 543. 4 Sections 536b and 536d are to be applied with the necessary modifications to the right to notice of termination to which the lessee is entitled under subsection ( 2 ) no . 1. If it is in dispute whether the lessor granted use of the leased property in good time or provided relief prior to expiry of the period specified for this purpose , then he bears the burden of proof .