483
=U3= Sec214 -- Section 214 Effect of limitation
--
=S=> BGB 214. 1 After limitation occurs , the obligor is entitled to refuse performance .
=S=> BGB 214. 2 Performance rendered in satisfaction of a claim that is now statute-barred may not be claimed back even if performance was rendered without knowledge of the limitation . The same applies to an acknowledgement made in accordance with a contract and to a security provided by the obligor .
=U3= Sec215 -- Section 215 Set-off and right of retention after a claim is statute-barred
--
=S=> BGB 215 Limitation of actions does not exclude set-off and the assertion of a right of retention if the claim was not yet statute-barred at the time when the set-off could first have been made or performance first refused .
=U3= Sec216 -- Section 216 Effect of limitation in the case of secured claims
--
=S=> BGB 216. 1 The limitation of a claim for which a mortgage , ship mortgage or security right exists does not prevent the obligee from seeking satisfaction of his claim from the object encumbered .
=S=> BGB 216. 2 If a right has been procured for the purpose of securing a claim , the retransfer of the right may not be demanded on the basis of the limitation of the claim . If title has been retained , the right to withdraw from the contract may be exercised even if the secured claim is statute-barred .
=S=> BGB 216. 3 Subsections ( 1 ) and ( 2 ) above do not apply to the limitation of claims for interest and other recurring obligations .
=U3= Sec217 -- Section 217 Limitation of collateral performance
--
=S=> BGB 217 A claim for collateral performance dependent on the main claim becomes statute-barred at the same time as the main claim , even if the specific limitation period applying to the claim for collateral performance has not ended .
=U3= Sec218 -- Section 218 Ineffectiveness of withdrawal
--
=S=> BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected .
=S=> BGB 218. 2 Section 214 ( 2 ) applies with the necessary modifications .
=U3= Sec219-225 -- Sections 219 - 225 repealed
--
=S=> Division 6 Exercise of rights , self-defence , self-help
|
