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=S=> BGB 320. 1 A person who is a party to a reciprocal contract may refuse his part of the performance until the other party renders consideration , unless he is obliged to perform in advance . If performance is to be made to more than one person , an individual person may be refused the part performance due to him until the complete consideration has been rendered . The provision of section 273 ( 3 ) does not apply .
=S=> BGB 320. 2 If one party has performed in part , consideration may not be refused to the extent that refusal , in the circumstances , in particular because the part in arrears is relatively trivial , would be bad faith .
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