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=U4= Sec313 -- Section 313 Interference with the basis of the transaction
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=S=> BGB 313. 1 If circumstances which became the basis of a contract have significantly changed since the contract was entered into and if the parties would not have entered into the contract or would have entered into it with different contents if they had foreseen this change , adaptation of the contract may be demanded to the extent that , taking account of all the circumstances of the specific case , in particular the contractual or statutory distribution of risk , one of the parties cannot reasonably be expected to uphold the contract without alteration .
=S=> BGB 313. 2 It is equivalent to a change of circumstances if material conceptions that have become the basis of the contract are found to be incorrect .
=S=> BGB 313. 3 If adaptation of the contract is not possible or one party cannot reasonably be expected to accept it , the disadvantaged party may withdraw from the contract . In the case of continuing obligations , the right to terminate takes the place of the right to withdraw .
=U4= Sec314 -- Section 314 Termination , for a compelling reason , of contracts for the performance of a continuing obligation
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=S=> BGB 314. 1 Each party may terminate a contract for the performance of a continuing obligation for a compelling reason without a notice period . There is a compelling reason if the terminating party , taking into account all the circumstances of the specific case and weighing the interests of both parties , cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period .
=S=> BGB 314. 2 If the compelling reason consists in the breach of a duty under the contract , the contract may be terminated only after the expiry without result of a period specified for relief or after a warning notice without result . Section 323 ( 2 ) applies with the necessary modifications .
=S=> BGB 314. 3 The person entitled may give notice only within a reasonable period after obtaining knowledge of the reason for termination .
=S=> BGB 314. 4 The right to demand damages is not excluded by the termination .
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