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=U4= Sec311 -- Section 311 Obligations created by legal transaction and obligations similar to legal transactions
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=S=> BGB 311. 1 In order to create an obligation by legal transaction and to alter the contents of an obligation , a contract between the parties is necessary , unless otherwise provided by statute .
=S=> BGB 311. 2 An obligation with duties under section 241 ( 2 ) also comes into existence by the commencement of contract negotiations the initiation of a contract where one party , with regard to a potential contractual relationship , gives the other party the possibility of affecting his rights , legal interests and other interests , or entrusts these to him , or similar business contacts .
=S=> BGB 311. 3 An obligation with duties under section 241 ( 2 ) may also come into existence in relation to persons who are not themselves intended to be parties to the contract . Such an obligation comes into existence in particular if the third party , by laying claim to being given a particularly high degree of trust , substantially influences the pre-contract negotiations or the entering into of the contract .
=U4= Sec311a -- Section 311a Obstacle to performance when contract is entered into
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=S=> BGB 311a. 1 A contract is not prevented from being effective by the fact that under section 275 ( 1 ) to ( 3 ) the obligor does not need to perform and the obstacle to performance already exists when the contract is entered into .
=S=> BGB 311a. 2 The obligee may , at his option , demand damages in lieu of performance or reimbursement of his expenses in the extent specified in section 284. This does not apply if the obligor was not aware of the obstacle to performance when entering into the contract and is also not responsible for his lack of awareness . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .
=U4= Sec311b -- Section 311b Contracts on plots of land , assets and an estate
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=S=> BGB 311b. 1 A contract by which one party agrees to transfer or acquire ownership of a plot of land must be recorded by a notary . A contract not entered into in this form becomes valid with all its contents if a declaration of conveyance and registration in the Land Register are effected .
=S=> BGB 311b. 2 A contract by which one party agrees to transfer his future property or a fraction of his future property or to charge it with a usufruct is void .
=S=> BGB 311b. 3 A contract by which one party agrees to transfer his present property or a fraction of his present property or to charge it with a usufruct must be recorded by a notary .
=S=> BGB 311b. 4 A contract relating to the estate of a third party who is still living is void . The same applies to a contract relating to a compulsory portion or a legacy from the estate of a third party who is still living .
=S=> BGB 311b. 5 Subsection ( 4 ) above does not apply to a contract entered into between future heirs on intestacy relating to the hereditary share on intestacy or the compulsory portion of one of them . Such a contract must be recorded by a notary .
=U4= Sec311c -- Section 311c Application to accessories
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=S=> BGB 311c If a person agrees to dispose of or charge a thing , that duty , in case of doubt , also applies to accessories of the thing .
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