| Fachwort |
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| Deutsch | recourse | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | recourse |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| BGB 439. 3 Without prejudice to section 275 ( 2 ) and ( 3 ) , the seller may refuse to provide the kind of cure chosen by the buyer , if this cure is possible only at disproportionate expense . In this connection , account must be taken in particular , without limitation , of the value of the thing when free of defects , the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer . The claim of the buyer is restricted in this case to the alternative kind of cure ; the right of the seller to refuse the alternative kind of cure too , subject to the requirements of sentence 1 above , is unaffected . |
| BGB 478. 4 The supplier may not rely on an agreement made before the defect was notified to the supplier which , to the disadvantage of the entrepreneur , deviates from sections 433 to 435 , 437 , 439 to 443 or from subsections ( 1 ) and ( 3 ) above or from section 479 , if the obligee with the right of recourse is not given another form of compensation of equal value . Sentence 1 , notwithstanding section 307 , does not apply to an exclusion or restriction of the claim to damages . The provisions referred to in sentence 1 apply even if circumvented by other constructions . |
| Section 479 Limitation of recourse claims |
| BGB 562b. 1 The lessor may prevent the removal of the things that are subject to his security right , even without having recourse to the court , to the extent that he is entitled to object to removal . If the lessee moves out , the lessor may take possession of these things . |
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