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BGB 281. 2 Setting a period for performance may be dispensed with if the obligor seriously and definitively refuses performance or if there are special circumstances which , after the interests of both parties are weighed , justify the immediate assertion of a claim for damages .
BGB 323. 2 The specification of a period of time can be dispensed with if the obligor seriously and definitively refuses performance , the obligor does not render performance by a date specified in the contract or within a specific period and the obligee , in the contract , has made the continuation of his interest in performance subject to performance being rendered in good time , or there are special circumstances which , when the interests of both parties are weighed , justify immediate withdrawal .