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BGB 75 The commencement of insolvency proceedings is to be registered by the court of its own motion . The same applies to the reversal of the order opening the insolvency proceedings , the appointment of a provisional insolvency administrator , if in addition the debtor is generally enjoined from transferring assets or it is ordered that disposals by the debtor are effective only with the approval of the provisional administrator in insolvency proceedings , and the termination of such a protective measure , an order of self-management by the debtor and the reversal of this order , and an order that specific legal transactions of the debtor require approval , the discontinuance and termination of the proceedings and the monitoring of compliance with an insolvency plan and the termination of the monitoring .
BGB 241a. 3 Performance is not unsolicited if the consumer , instead of the performance ordered , is offered performance of equal value in quality and price , and it is pointed out to him that he is not obliged to accept it and does not have to bear the costs of return shipment .
BGB 274. 1 In comparison to a legal action by the obligee , assertion of the right of retention only has the effect that the obligor is to be ordered to render performance in return for receiving the performance owed to him ( concurrent performance ) .
BGB 322. 1 If a party brings an action for performance due to him on the basis of a reciprocal contract , the assertion by the other party of his right to refuse performance until consideration is rendered merely has the effect that the latter party is to be ordered to perform reciprocally and simultaneously .