380
=S=> BGB 323. 1 If , in the case of a reciprocal contract , the obligor does not render an act of performance which is due , or does not render it in conformity with the contract , then the obligee may withdraw from the contract , if he has specified , without result , an additional period for performance or cure .
=S=> BGB 323. 2 The specification of a period of time can be dispensed with if the obligor seriously and definitively refuses performance , the obligor does not render performance by a date specified in the contract or within a specific period and the obligee , in the contract , has made the continuation of his interest in performance subject to performance being rendered in good time , or there are special circumstances which , when the interests of both parties are weighed , justify immediate withdrawal .
=S=> BGB 323. 3 If the nature of the breach of duty is such that setting a period of time is out of the question , a warning notice is given instead .
=S=> BGB 323. 4 The obligee may withdraw from the contract before performance is due if it is obvious that the requirements for withdrawal will be met .
=S=> BGB 323. 5 If the obligor has performed in part , the obligee may withdraw from the whole contract only if he has no interest in part performance . If the obligor has not performed in conformity with the contract , the obligee may not withdraw from the contract if the breach of duty is trivial .
=S=> BGB 323. 6 Withdrawal is excluded if the obligee is solely or very predominantly responsible for the circumstance that would entitle him to withdraw from the contract or if the circumstance for which the obligor is not responsible occurs at a time when the obligee is in default of acceptance .
=S=> BGB 323.* ) Official note : This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
|
