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=U3= Sec362 -- Section 362 Extinction by performance
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=S=> BGB 362. 1 An obligation is extinguished if the performance owed is rendered to the obligee .
=S=> BGB 362. 2 If performance is rendered to a third party for the purpose of performing the contract , the provisions of section 185 apply .
=U3= Sec363 -- Section 363 Burden of proof in the case of acceptance as performance of contract
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=S=> BGB 363 If the obligee has accepted performance offered to him as performance of contract , he bears the burden of proof if he does not wish to have the performance considered as performance of contract because it was different from the performance owed or because it was incomplete .
=U3= Sec364 -- Section 364 Acceptance in lieu of performance of contract
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=S=> BGB 364. 1 The obligation expires if the obligee accepts , in lieu of performance of contract , performance other than that owed .
=S=> BGB 364. 2 If the obligor assumes a new obligation to the obligee for the purpose of satisfying the latter , it is not to be assumed , in case of doubt , that he is assuming the obligation in lieu of performance of contract .
=U3= Sec365 -- Section 365 Warranty in the case of performance in lieu of performance of contract
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=S=> BGB 365 If a thing , a claim against a third party or another right is given in lieu of performance of contract , the obligor must provide warranty for a legal defect or a material defect of the thing in the same manner as a seller .
=U3= Sec366 -- Section 366 Crediting of performance to more than one claim
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=S=> BGB 366. 1 If the obligor owes performance of the same kind to the obligee under more than one obligation , and if what he pays does not suffice to redeem all debts , that debt is redeemed that he determines when he performs .
=S=> BGB 366. 2 If the obligor does not make a determination , then the first debt redeemed is the debt due for redemption ; among more than one due debt , the one offering the obligee the least security ; among more than one equally secure debts , the more onerous one ; among more than one equally onerous debts , the oldest debt ; and where all are equally old , each debt proportionally .
=U3= Sec367 -- Section 367 Crediting to interest and costs
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=S=> BGB 367. 1 If the obligor must pay interest and costs in addition to the principal performance , an act of performance not sufficient to redeem the entire debt is first credited to the costs , then to the interest and finally to the principal performance .
=S=> BGB 367. 2 If the obligor determines another method of crediting , the obligee may refuse to accept the performance .
=U3= Sec368 -- Section 368 Receipt
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=S=> BGB 368 Upon receiving performance , on demand , the obligee must issue a written acknowledgement of receipt ( receipt ) . If the obligor has a legal interest in having the receipt issued in another form , he may demand issue in that form .
=U3= Sec369 -- Section 369 Costs of the receipt
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=S=> BGB 369. 1 The costs of the receipt must be borne and advanced by the obligor , unless the legal relation existing between him and the obligee leads to a different conclusion .
=S=> BGB 369. 2 If more than one obligee steps into the shoes of the original obligee as the result of transfer of the claim or by way of inheritance , the extra costs are charged to the obligees .
=U3= Sec370 -- Section 370 Performance to the bringer of the receipt
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=S=> BGB 370 The bringer of a receipt is deemed to be authorised to receive the performance to the extent that the circumstances of which the performing party is aware do not stand in the way of assuming such authorisation .
=U3= Sec371 -- Section 371 Return of the certificate of indebtedness
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=S=> BGB 371 If a certificate of indebtedness has been issued relating to the claim , the obligor may , besides demanding the receipt , also demand return of the certificate of indebtedness . If the obligee claims to be unable to return it , the obligor may demand an officially certified acknowledgement that the debt is extinguished .
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