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=U4= Sec315 -- Section 315 Specification of performance by one party
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=S=> BGB 315. 1 Where performance is to be specified by one of the parties to the contract , then in case of doubt it is to be assumed that the specification is to be made at the reasonably exercised discretion of the party making it .
=S=> BGB 315. 2 The specification is made by declaration to the other party .
=S=> BGB 315. 3 Where the specification is to be made at the reasonably exercised discretion of a party , the specification made is binding on the other party only if it is equitable . If it is not equitable , the specification is made by judicial decision ; the same applies if the specification is delayed .
=U4= Sec316 -- Section 316 Specification of consideration
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=S=> BGB 316 If the extent of the consideration promised for an act of performance is not specified , then in case of doubt the party that is owed the consideration is entitled to make the specification .
=U4= Sec317 -- Section 317 Specification of performance by a third party
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=S=> BGB 317. 1 Where specification of performance is left to a third party , then in case of doubt it is to be assumed that the specification is to be made at the reasonably exercised discretion of the third party .
=S=> BGB 317. 2 If the specification is made by more than one third party , then in case of doubt , the agreement of all parties is necessary ; where an amount is to be specified and several amounts are specified , then in case of doubt , the average amount applies .
=U4= Sec318 -- Section 318 Avoidance of specification
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=S=> BGB 318. 1 The specification of performance made by a third party is effected by declaration to one of the parties to the contract .
=S=> BGB 318. 2 Only the parties to the contract are entitled to avoid the specification made for mistake , duress or deceit ; the opponent is the other party . Avoidance must occur without undue delay after the opponent has obtained knowledge of the grounds for avoidance . Avoidance is excluded if thirty years have passed since the specification was made .
=U4= Sec319 -- Section 319 Ineffectiveness of the specification ; substitution
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=S=> BGB 319. 1 If the third party is to specify performance at its reasonably exercised discretion , the specification made is not binding on the parties to the contract if it is evidently inequitable . The specification is made in this case by judicial decision ; the same applies if the third party cannot or does not want to make the specification or if it delays it .
=S=> BGB 319. 2 If the third party is to make the specification at its free discretion , the contract is ineffective if the third party cannot or does not want to make the specification or if it delays it .
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