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| BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower . |
| BGB 2172. 1 The delivery of a bequeathed thing is also deemed to be impossible if the thing is combined , intermixed or mingled with another thing in such a way that pursuant to sections 946 to 948 the ownership of the other thing extends to it , or co-ownership has arisen , or if it has been processed or transformed in such a manner that pursuant to section 950 the person who produced the new thing has become the owner . |
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