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=U3= Sec116 -- Section 116 Mental reservation
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=S=> BGB 116 A declaration of intent is not void by virtue of the fact that the person declaring has made a mental reservation that he does not want the declaration made . The declaration is void if it is to be made to another person who knows of the reservation .
=U3= Sec117 -- Section 117 Sham transaction
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=S=> BGB 117. 1 If a declaration of intent that is to be made to another person is , with his consent , only made for the sake of appearance , it is void .
=S=> BGB 117. 2 If a sham transaction hides another legal transaction , the provisions applicable to the hidden transaction apply .
=U3= Sec118 -- Section 118 Lack of seriousness
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=S=> BGB 118 A declaration of intent not seriously intended which is made in the expectation that its lack of serious intention will not be misunderstood is void .
=U3= Sec119 -- Section 119 Voidability for mistake
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=S=> BGB 119. 1 A person who , when making a declaration of intent , was mistaken about its contents or had no intention whatsoever of making a declaration with this content , may avoid the declaration if it is to be assumed that he would not have made the declaration with knowledge of the factual position and with a sensible understanding of the case .
=S=> BGB 119. 2 A mistake about such characteristics of a person or a thing as are customarily regarded as essential is also regarded as a mistake about the content of the declaration .
=U3= Sec120 -- Section 120 Voidability for incorrect transmission
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=S=> BGB 120 A declaration of intent that has been incorrectly transmitted by the person or facilities used for its transmission may be avoided subject to the same condition as a declaration of intent made by mistake may be avoided under section 119.
=U3= Sec121 -- Section 121 Period for avoidance
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=S=> BGB 121. 1 Avoidance must be effected , in the cases set out in sections 119 and 120 , without culpable delay ( without undue delay ) after the person entitled to avoid obtains knowledge of the ground for avoidance . Avoidance made to an absent person is regarded as effected in good time if the declaration of avoidance is forwarded without undue delay .
=S=> BGB 121. 2 Avoidance is excluded if ten years have passed since the declaration of intent was made .
=U3= Sec122 -- Section 122 Liability in damages of the person declaring avoidance
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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 ) .
=U3= Sec123 -- Section 123 Voidability on the grounds of deceit or duress
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=S=> BGB 123. 1 A person who has been induced to make a declaration of intent by deceit or unlawfully by duress may avoid his declaration .
=S=> BGB 123. 2 If a third party committed this deceit , a declaration that had to be made to another may be avoided only if the latter knew of the deceit or ought to have known it . If a person other than the person to whom the declaration was to be made acquired a right as a direct result of the declaration , the declaration made to him may be avoided if he knew or ought to have known of the deceit .
=U3= Sec124 -- Section 124 Period for avoidance
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=S=> BGB 124. 1 The avoidance of a declaration of intent voidable under section 123 may be effected only within one year .
=S=> BGB 124. 2 In the case of deceit , the period commences at the time when the person entitled to avoid discovers the deceit , and in case of duress , from the time when the duress stops . The provisions in sections 206 , 210 and 211 applicable to limitation apply with the necessary modifications to the running of the period .
=S=> BGB 124. 3 Avoidance is barred , if ten years have passed since the declaration of intent was made .
=U3= Sec125 -- Section 125 Voidness resulting from a defect of form
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=S=> BGB 125 A legal transaction that lacks the form prescribed by statute is void . In case of doubt , lack of the form specified by legal transaction also results in voidness .
=U3= Sec126 -- Section 126 Written form
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=S=> BGB 126. 1 If written form is prescribed by statute , the document must be signed by the issuer with his name in his own hand , or by his notarially certified initials .
=S=> BGB 126. 2 In the case of a contract , the signature of the parties must be made on the same document . If more than one counterpart of the contract is drawn up , it suffices if each party signs the document intended for the other party .
=S=> BGB 126. 3 Written form may be replaced by electronic form , unless the statute leads to a different conclusion .
=S=> BGB 126. 4 Notarial recording replaces the written form .
=U3= Sec126a -- Section 126a Electronic form
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=S=> BGB 126a. 1 If electronic form is to replace the written form prescribed by law , the issuer of the declaration must add his name to it and provide the electronic document with a qualified electronic signature in accordance with the Electronic Signature Act [ Signaturgesetz ] .
=S=> BGB 126a. 2 In the case of a contract , the parties must each provide a counterpart with an electronic signature as described in subsection ( 1 ) .
=U3= Sec126b -- Section 126b Text form
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=S=> BGB 126b If text form is prescribed by law , the declaration must be made in a document or in another manner suitable for its permanent reproduction in writing , the person making the declaration must be named and the completion of the declaration must be shown through the reproduction of a signature of the name or otherwise .
=U3= Sec127 -- Section 127 Agreed form
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=S=> BGB 127. 1 The provisions under sections 126 , 126a or 126b also apply , in case of doubt , to the form specified by legal transaction .
=S=> BGB 127. 2 For compliance with the written form required by legal transaction , unless a different intention is to be assumed , it suffices if the message is transmitted by way of telecommunications and , in the case of a contract , by the exchange of letters . If such a form is chosen , notarial recording in accordance with section 126 may be demanded subsequently .
=S=> BGB 127. 3 For compliance with the electronic form required by legal transaction , unless a different intention is to be assumed , an electronic signature other than provided for in section 126a also suffices and , in the case of a contract , the exchange of a declaration of an offer and of acceptance which are each provided with an electronic signature . If such a form is chosen , an electronic signature in accordance with section 126a may be demanded subsequently , or if this is not possible for one of the parties , notarial recording in compliance with section 126.
=U3= Sec127a -- Section 127a Court settlement
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=S=> BGB 127a In the event of a court settlement , the recording of declarations in a court record drawn up in accordance with the provisions under the Code of Civil Procedure [ Zivilprozessordnung ] replaces notarial recording .
=U3= Sec128 -- Section 128 Notarial recording
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=S=> BGB 128 If the notarial recording of a contract is prescribed by statute , it suffices if first the offer and then the acceptance of the offer is recorded by a notary .
=U3= Sec129 -- Section 129 Official certification
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=S=> BGB 129. 1 If the official certification of a declaration is prescribed by law , the declaration must be put in writing and the signature of the person declaring be certified by a notary . If the declaration is signed by the issuer making his mark , the certification of the initials provided for in section 126 ( 1 ) is necessary and sufficient .
=S=> BGB 129. 2 The notarial recording of the declaration replaces the official certification .
=U3= Sec130 -- Section 130 Effectiveness of a declaration of intent to absent parties
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=S=> BGB 130. 1 A declaration of intent that is to be made to another becomes effective , if made in his absence , at the point of time when this declaration reaches him . It does not become effective if a revocation reaches the other previously or at the same time .
=S=> BGB 130. 2 The effectiveness of a declaration of intent is not affected if the person declaring dies or loses capacity to contract after making a declaration .
=S=> BGB 130. 3 These provisions apply even if the declaration of intent is to be made to a public authority .
=U3= Sec131 -- Section 131 Effectiveness in relation to persons without full capacity to contract
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=S=> BGB 131. 1 If a declaration of intent is made to a person incapable of contracting , it does not become effective until it has reached his legal representative .
=S=> BGB 131. 2 The same applies if the declaration of intent is made to a person with limited capacity to contract . If , however , the declaration merely provides a legal advantage to the person with limited capacity to contract , or if the legal representative has given his consent , the declaration becomes effective at the time when it reaches the person with limited capacity .
=U3= Sec132 -- Section 132 Substitution of service for receipt
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=S=> BGB 132. 1 A declaration of intent is also deemed to have been received if it is served through a bailiff as intermediary . The service is effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] .
=S=> BGB 132. 2 If the person declaring is unaware , through no negligence on his part , of the identity of the person to whom the declaration is to be made , or if the whereabouts of this person are unknown , service may be effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] relating to service by publication . In the former case , the local court [ Amtsgericht ] competent for the approval is the one in whose district the person declaring has his residence , or in the absence of a residence within the country , his abode ; in the latter case , the local court [ Amtsgericht ] competent for the approval is the one in the district of which the person to whom service is required to be effected had his last residence , or , in the absence of a residence within the country , his last abode .
=U3= Sec133 -- Section 133 Interpretation of a declaration of intent
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=S=> BGB 133 When a declaration of intent is interpreted , it is necessary to ascertain the true intention rather than adhering to the literal meaning of the declaration .
=U3= Sec134 -- Section 134 Statutory prohibition
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=S=> BGB 134 A legal transaction that violates a statutory prohibition is void , unless the statute leads to a different conclusion .
=U3= Sec135 -- Section 135 Statutory prohibition of disposal
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=S=> BGB 135. 1 If the disposition of a thing violates a statutory prohibition against disposal intended solely for the protection of particular persons , the disposition is ineffective only in relation to these persons . A disposition by legal transaction is equivalent to a disposition which is effected by means of execution or attachment .
=S=> BGB 135. 2 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications .
=U3= Sec136 -- Section 136 Official prohibition of disposal
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=S=> BGB 136 A prohibition of disposal which is issued by a court or by any other public authority within the limits of its competence is equivalent to a statutory prohibition of disposal of the kind described in section 135.
=U3= Sec137 -- Section 137 Prohibition of dispositions in a legal transaction
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=S=> BGB 137 The power to dispose of an alienable right may not be excluded or restricted by a legal transaction . This effectiveness of an obligation not to dispose of such a right is not affected by this provision .
=U3= Sec138 -- Section 138 Legal transaction contrary to public policy ; usury
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=S=> BGB 138. 1 A legal transaction which is contrary to public policy is void .
=S=> BGB 138. 2 In particular , a legal transaction is void by which a person , by exploiting the predicament , inexperience , lack of sound judgement or considerable weakness of will of another , causes himself or a third party , in exchange for an act of performance , to be promised or granted pecuniary advantages which are clearly disproportionate to the performance .
=U3= Sec139 -- Section 139 Partial invalidity
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=S=> BGB 139 If a part of a legal transaction is void , then the entire legal transaction is void , unless it is to be assumed that it would have been undertaken even without the void part .
=U3= Sec140 -- Section 140 Re-interpretation
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=S=> BGB 140 If a void legal transaction fulfils the requirements of another legal transaction , then the latter is deemed to have been entered into , if it may be assumed that its validity would be intended if there were knowledge of the invalidity .
=U3= Sec141 -- Section 141 Confirmation of a void legal transaction
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=S=> BGB 141. 1 If a void legal transaction is confirmed by the person who undertook it , the confirmation is to be seen as a renewed undertaking .
=S=> BGB 141. 2 If a void contract is confirmed by the parties , then in case of doubt they are obliged to grant to each other what they would have granted if the contract had been valid from the beginning .
=U3= Sec142 -- Section 142 Effect of avoidance
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=S=> BGB 142. 1 If a voidable legal transaction is avoided , it is to be regarded as having been void from the outset .
=S=> BGB 142. 2 A person who knew or ought to have known of the possibility of avoidance is treated , in case of avoidance , as if he had known or ought to have known of the invalidity of the legal transaction .
=U3= Sec143 -- Section 143 Declaration of avoidance
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=S=> BGB 143. 1 Avoidance is effected by declaration to the opponent .
=S=> BGB 143. 2 The opponent is , in the case of a contract , the other party to the contract and , in the case of section 123 ( 2 ) sentence 2 , the person who has acquired a right directly under the contract .
=S=> BGB 143. 3 In the case of a unilateral legal transaction which was to be undertaken in relation to another person , the other person is the opponent . The same applies to a legal transaction that is required to be undertaken in relation to another person or to a public authority , even if the legal transaction has already been undertaken in relation to the authority .
=S=> BGB 143. 4 In the case of any other kind of unilateral legal transaction , the person who has received a legal advantage directly on the basis of the legal transaction is the opponent . The avoidance may , however , if the declaration of intent was to be made to a public authority , be made by declaration to the authority ; the authority should inform the person who was directly affected by the legal transaction of the avoidance .
=U3= Sec144 -- Section 144 Confirmation of a voidable legal transaction
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=S=> BGB 144. 1 Avoidance is excluded , if the voidable legal transaction is confirmed by the person entitled to avoid .
=S=> BGB 144. 2 The confirmation does not require the form prescribed for the legal transaction .
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