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=S=> BGB 322. 1 If a party brings an action for performance due to him on the basis of a reciprocal contract , the assertion by the other party of his right to refuse performance until consideration is rendered merely has the effect that the latter party is to be ordered to perform reciprocally and simultaneously .
=S=> BGB 322. 2 If the party bringing the action must perform in advance , then , if the other party is in default of acceptance , he may bring an action for performance after receiving consideration .
=S=> BGB 322. 3 The provision in section 274 ( 2 ) applies to the execution of judgment .
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