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BGB 285. 2 If the obligee may demand damages in lieu of performance , then , if he exercises the right stipulated in subsection ( 1 ) above , the damages are reduced by the value of the reimbursement or the claim to reimbursement he has obtained .
BGB 326. 3 If the obligee demands , under section 285 , return of reimbursement obtained for the object owed or assignment of the claim to reimbursement , he remains obliged to render consideration . However , the latter is reduced under section 441 ( 3 ) to the extent that the value of the reimbursement or of the claim to reimbursement falls short of the value of the performance owed .
BGB 343. 1 If a payable penalty is disproportionately high , it may on the application of the obligor be reduced to a reasonable amount by judicial decision . In judging the appropriateness , every legitimate interest of the obligee , not merely his financial interest , must be taken into account . Once the penalty is paid , reduction is excluded .
BGB 441. 3 In the case of a price reduction , the purchase price is to be reduced in the proportion in which the value of the thing free of defects would , at the time when the contract was entered into , have had to the actual value . To the extent necessary , the price reduction is to be established by appraisal .