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Fachbebietfehlt Trennung: default
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BGB 264. 2 If the obligee entitled to the right of choice is in default , the obligor may demand that he exercises that right , specifying a reasonable period of time . At the end of the period of time the right of choice passes to the obligor , if the obligee does not undertake the choice in good time .
BGB 274. 2 On the basis of such an order the obligee may pursue his claim by way of execution , without effecting the performance he owes , if the obligor is in default of acceptance .
BGB 286. 1 If the obligor , following a warning notice from the obligee that is made after performance is due , fails to perform , he is in default as a result of the warning notice . Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice .
BGB 286. 2 There is no need for a warning notice if a period of time according to the calendar has been specified , performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated , starting from the event , according to the calendar , the obligor seriously and definitively refuses performance , for special reasons , weighing the interests of both parties , the immediate commencement of default is justified .