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=S=> BGB 2193. 1 The testator , upon making a testamentary burden whose purpose of which he has specified , can leave it to the person charged or to a third party to determine the person to whom performance is to be rendered .
=S=> BGB 2193. 2 Where the person charged has the right of determination , and where he has been ordered by a final judgment to fulfil the testamentary burden , the plaintiff may specify a reasonable period of time for him to fulfil the testamentary burden ; after the expiry of the period of time the plaintiff is entitled to make the determination if the fulfilment is not effected in good time .
=S=> BGB 2193. 3 If a third party has the right of determination , it is exercised by declaration to the person charged . If the third person is unable to make such a determination , the right of determination passes to the person charged . The provision under section 2151 ( 3 ) sentence 2 applies with the necessary modifications ; those concerned within the meaning of this provision include the person charged and those entitled to demand the fulfilment of the testamentary burden .
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