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=S=> BGB 328. 1 Performance to a third party may be agreed by contract with the effect that the third party acquires the right to demand the performance directly .
=S=> BGB 328. 2 In the absence of a specific provision it is to be inferred from the circumstances , in particular from the purpose of the contract , whether the third party is to acquire the right , whether the right of the third party is to come into existence immediately or only under certain conditions , and whether the power is to be reserved for the parties to the contract to terminate or alter the right of the third party without his approval .
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