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BGB 820. 1 If the performance was intended to produce a result whose occurrence , according to the contents of the legal transaction , was regarded as uncertain , then , if the result does not occur , the receiver is under a duty of restitution in the same way as if the claim for restitution had been pending at the time of receipt . The same applies if the performance has been rendered for a legal reason which according to the contents of the legal transaction was regarded as likely to lapse and the legal reason ceases to exist .