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=U4= Sec346 -- Section 346 Effects of withdrawal
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=S=> BGB 346. 1 If one party to a contract has contractually reserved the right to withdraw or if he has a statutory right of withdrawal , then , in the case of withdrawal , performance received and emoluments taken are to be returned .
=S=> BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower .
=S=> BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned .
=S=> BGB 346. 4 The obligee may demand damages , in accordance with sections 280 to 283 , for breach of a duty under subsection ( 1 ) above .
=U4= Sec347 -- Section 347 Emoluments and outlays after withdrawal
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=S=> BGB 347. 1 If the obligor fails to take emoluments contrary to the rules of proper management although he could have done so , then he is obliged to compensate the obligee for the value . In the case of a statutory right of withdrawal , the person entitled must in regard to emoluments be responsible only for the care that he customarily exercises in his own affairs .
=S=> BGB 347. 2 If the obligor returns the object or gives compensation for the value or if his duty to compensate for value under section 346 ( 3 ) no . 1 or 2 is excluded , he must be reimbursed for his necessary outlays . Other expenses are to be reimbursed to the extent that the obligee is enriched by them .
=U4= Sec348 -- Section 348 Reciprocal and simultaneous performance
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=S=> BGB 348 The obligations of the parties arising from withdrawal are to be performed reciprocally and simultaneously . The provisions of sections 320 and 322 apply with the necessary modifications .
=U4= Sec349 -- Section 349 Declaration of withdrawal
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=S=> BGB 349 Withdrawal is effected by declaration to the other party .
=U4= Sec350 -- Section 350 Extinction of the right of withdrawal after a period of time has been specified
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=S=> BGB 350 If a period of time has not been agreed for the exercise of the contractual right of withdrawal , then the other party may specify a reasonable period of time within which the person entitled to withdraw must exercise that right . The right of withdrawal is extinguished if withdrawal is not declared before the end of that period .
=U4= Sec351 -- Section 351 Indivisibility of the right of withdrawal
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=S=> BGB 351 If , in a contract , there is more than one person on one side or the other , the right of withdrawal may be exercised only by all and against all of them . If the right of withdrawal is extinguished for one of the persons entitled , it is also extinguished for the others .
=U4= Sec352 -- Section 352 Set-off after nonperformance
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=S=> BGB 352 Withdrawal for failure to perform an obligation is ineffective if the obligor was able to release himself from the obligation by means of set-off and he declares set-off without undue delay after the withdrawal .
=U4= Sec353 -- Section 353 Withdrawal in return for forfeit money
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=S=> BGB 353 If the right of withdrawal in return for payment of forfeit money has been reserved , the withdrawal is ineffective if the forfeit money is not paid before the declaration or when the declaration is made and the other party , for this reason , rejects the declaration without undue delay . However , the declaration is effective if the forfeit money is paid without undue delay after the rejection .
=U4= Sec354 -- Section 354 Forfeiture of rights
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=S=> BGB 354 If a contract has been entered into subject to the reservation that the obligor will lose his rights under the contract if he does not perform his obligation , the obligee is entitled to withdraw from the contract if this circumstance occurs .
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