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BGB 274. 2 On the basis of such an order the obligee may pursue his claim by way of execution , without effecting the performance he owes , if the obligor is in default of acceptance .
BGB 295 A verbal offer by the obligor suffices if the obligee has declared to him that he will not accept the performance , or if effecting the performance requires an act by the obligee , in particular if the obligee must collect the thing owed . Equivalent to an offer of performance is a demand to the obligee to undertake the action required .
BGB 632a. 3 If the customer is a consumer , and if the subject-matter of the contract is the construction or conversion of a house or comparable building , the customer must be given a security amounting to five percent of the remuneration claim on effecting the first part payment for the correct implementation of the work without major defects . If the remuneration claim increases by more than ten percent as a result of amendments to or supplements of the contract , the customer is to be given a further security of five percent of the additional remuneration claim on effecting the next part payment . At the request of the contractor , the security is to be provided by retention such that the customer retains the part payments up to the total amount of the security owed .
BGB 788 If the drawer issues the order for the purpose of in turn effecting payment to the payee , then the payment , even if the drawee accepts the order , is only effected upon payment by the drawee to the payee .