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Dokument BGB Book 2 Law of Obligations
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115
=S=> BGB 418. 1 As a result of the assumption of debt , the suretyships and security rights created for the claim are extinguished . If there is a mortgage or a ship mortgage for the claim the same thing occurs as if the obligee waives the mortgage or the ship mortgage . These provisions do not apply if the surety or the party that owns the mortgaged object at the time of the assumption of debt gives his consent .
=S=> BGB 418. 2 A preferential right linked to the claim in case of insolvency proceedings may not be asserted in the insolvency proceedings relating to the assets of the transferee .