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=S=> BGB 285. 1 If the obligor , as a result of the circumstance by reason of which , under section 275 ( 1 ) to ( 3 ) , he has no duty of performance , obtains reimbursement or a claim to reimbursement for the object owed , the obligee may demand return of what has been received in reimbursement or an assignment of the claim to reimbursement .
=S=> BGB 285. 2 If the obligee may demand damages in lieu of performance , then , if he exercises the right stipulated in subsection ( 1 ) above , the damages are reduced by the value of the reimbursement or the claim to reimbursement he has obtained .
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