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=S=> BGB 122. 1 If a declaration of intent is void under section 118 , or avoided under sections 119 and 120 , the person declaring must , if the declaration was to be made to another person , pay damages to this person , or failing this to any third party , for the damage that the other or the third party suffers as a result of his relying on the validity of the declaration ; but not in excess of the total amount of the interest which the other or the third party has in the validity of the declaration .
=S=> BGB 122. 2 A duty to pay damages does not arise if the injured person knew the reason for the voidness or the voidability or did not know it as a result of his negligence ( ought to have known it ) .
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