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BGB 321. 1 A person who is obliged to perform in advance under a reciprocal contract may refuse to render his performance if , after the contract is entered into , it becomes apparent that his entitlement to consideration is jeopardised by the inability to perform of the other party . The right to refuse performance is not applicable if consideration is rendered or security is given for it .
BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned .
BGB 892. 1 In favour of the person who acquires a right in a plot of land or a right in such a right by legal transaction , the contents of the Land Register are presumed to be correct , unless an objection to the accuracy is registered or the inaccuracy is known to the acquirer . Where the person entitled is restricted in favour of a particular person in his disposition of a right entered in the Land Register , the restriction is effective in relation to the acquirer only if it is apparent from the Land Register or known to the acquirer .
BGB 1140 Insofar as the inaccuracy of the Land Register is apparent from the mortgage certificate or from a memorandum on the certificate , the invocation of the provisions of sections 892 and 893 is excluded . An objection to an incorrect entry in the Land Register that is apparent from the certificate or from a memorandum on the certificate is equivalent to an objection entered in the Land Register .