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=S=> BGB 276. 1 The obligor is responsible for intention and negligence , if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation , including but not limited to the giving of a guarantee or the assumption of a procurement risk . The provisions of sections 827 and 828 apply with the necessary modifications .
=S=> BGB 276. 2 A person acts negligently if he fails to exercise reasonable care .
=S=> BGB 276. 3 The obligor may not be released in advance from liability for intention .
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