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=U4= Kap1 -- Chapter 1 Purchase on approval
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=U5= Sec454 -- Section 454 Coming into existence of the purchase agreement
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=S=> BGB 454. 1 In a purchase on approval or on examination , approval of the object purchased is at the discretion of the buyer . In case of doubt , the purchase agreement is entered into subject to the condition precedent of approval .
=S=> BGB 454. 2 The seller is obliged to permit the buyer to examine the object .
=U5= Sec455 -- Section 455 Approval period
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=S=> BGB 455 An object purchased on approval or on examination may be approved only within the agreed period or , if no period has been agreed , only before the end of a reasonable period specified by the seller for the buyer . If the thing was delivered to the buyer for the purpose of approval or examination , his silence is deemed to be approval .
=U4= Kap2 -- Chapter 2 Repurchase
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=U5= Sec456 -- Section 456 Coming into existence of the repurchase agreement
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=S=> BGB 456. 1 If the seller has , in the purchase agreement , reserved the right of repurchase , the repurchase agreement comes into existence when the seller declares to the buyer that he is exercising the right of repurchase . The declaration is not subject to the formal requirements laid down for the purchase agreement .
=S=> BGB 456. 2 In case of doubt , the price at which the object was sold also applies to the repurchase .
=U5= Sec457 -- Section 457 Liability of the reseller
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=S=> BGB 457. 1 The reseller is obliged to return to the repurchaser the purchased object with its accessories .
=S=> BGB 457. 2 If the reseller , before exercising the right of repurchase , was at fault for the deterioration or destruction of the purchased object or an impossibility of returning it that resulted in another way , or if he materially altered the purchased object , he is liable for the damage resulting from this . If the object deteriorated without the fault of the reseller or if it is only trivially altered , the reseller may not require the purchase price to be reduced .
=U5= Sec458 -- Section 458 Removal of third-party rights
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=S=> BGB 458 If the original purchaser disposed of the purchased object before exercising the right of repurchase , he is obliged to remove the third-party rights created by this . A disposition that is made by execution of judgment or attachment or by the administrator in insolvency proceedings is equivalent to a disposition by the reseller .
=U5= Sec459 -- Section 459 Reimbursement of outlays
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=S=> BGB 459 The reseller may demand reimbursement for outlays that he made on the purchased object before the resale to the extent that the value of the object is enhanced by the expenses . He may remove an installation which he has attached to the returnable thing .
=U5= Sec460 -- Section 460 Repurchase at estimated value
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=S=> BGB 460 If the estimated value of the object purchased at the time of repurchase is agreed as the repurchase price , the reseller is not responsible for the deterioration or destruction of the purchased object or an impossibility of returning it that resulted in another way , and the repurchaser is not obliged to reimburse the outlays made .
=U5= Sec461 -- Section 461 More than one person entitled to repurchase
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=S=> BGB 461 If more than one person is jointly entitled to the right to repurchase , the right may only be exercised in its entirety . If it has expired for one of the persons entitled or if one of them does not exercise his right , then the others are entitled to exercise the right of repurchase in its entirety .
=U5= Sec462 -- Section 462 Cut-off period
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=S=> BGB 462 The right of repurchase may be exercised , in the case of plots of land , only before the end of thirty years from the date of the agreement of the reservation , and in the case of other objects , only before the end of three years from that date . If a period of time is specified for exercise of the right , this period replaces the statutory period .
=U4= Kap3 -- Chapter 3 Preemption
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=U5= Sec463 -- Section 463 Requirements for exercise
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=S=> BGB 463 A person entitled to the right of preemption in respect of an object may exercise the right as soon as the person obliged by it has entered into a purchase agreement relating to the object with a third party .
=U5= Sec464 -- Section 464 Exercise of the right of preemption
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=S=> BGB 464. 1 Exercise of the right of preemption occurs by declaration to the person obliged . The declaration is not subject to the formal requirements laid down for the purchase agreement .
=S=> BGB 464. 2 When the right of preemption is exercised , the purchase takes effect between the person entitled and the person obliged , subject to the terms that the person obliged agreed with the third party .
=U5= Sec465 -- Section 465 Ineffective agreements
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=S=> BGB 465 An agreement made by the person obliged with the third party which provides that the purchase is subject to the non-exercise of the right of preemption or which reserves for the person obliged the right to withdraw from the agreement in the event that the right of preemption is exercised is ineffective in relation to the person entitled to preemption .
=U5= Sec466 -- Section 466 Collateral performance
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=S=> BGB 466 If the third party has agreed in the contract to render an act of collateral performance which the person entitled to preemption is unable to perform , the person entitled to preemption must pay the value of the collateral performance instead of rendering it . If the collateral performance cannot be assessed in money , the exercise of the right of preemption is excluded ; the agreement to render collateral performance is , however , not performed if the contract with the third party would have been entered into even without it .
=U5= Sec467 -- Section 467 Total price
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=S=> BGB 467 If the third party purchased the object which is subject to the right of preemption together with other objects at a total price , then the person entitled to preemption must pay a proportionate part of the total price . The person obliged may demand that the preemption is extended to all things that cannot be separated without disadvantage to him .
=U5= Sec468 -- Section 468 Deferral of the purchase price
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=S=> BGB 468. 1 If the third party is granted deferral of payment of the purchase price in the contract , the person entitled to preemption may claim the deferral only if he gives security for the amount deferred .
=S=> BGB 468. 2 If a plot of land is the subject matter of the preemption , there is no need to provide security to the extent that there has been an agreement to create a mortgage on the plot of land for the deferred purchase price , or a debt for which a mortgage on the land exists has been assumed and credited towards the purchase price . This applies with the necessary modifications if a registered ship or ship under construction is the object of the right of preemption .
=U5= Sec469 -- Section 469 Duty to notify , exercise period
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=S=> BGB 469. 1 The person obliged must inform the person entitled to preemption without undue delay of the contents of the contract entered into with the third party . Notice by the third party replaces notice by the person obliged .
=S=> BGB 469. 2 The right of preemption for plots of land may be exercised only before the end of a period of two months after notice is received , and the right of preemption for other objects only before the end of a period of one week after notice is received . If a period of time is specified for exercise of the right , this period replaces the statutory period .
=U5= Sec470 -- Section 470 Sale to heir on intestacy
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=S=> BGB 470 The right of preemption , in case of doubt , does not apply to a sale that is made to an heir on intestacy with a view to a future right of succession .
=U5= Sec471 -- Section 471 Sale in case of execution of judgment or insolvency
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=S=> BGB 471 The right of preemption is excluded if the sale occurs by way of execution of judgment or from an insolvency estate .
=U5= Sec472 -- Section 472 More than one person with a right of preemption
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=S=> BGB 472 If the right of preemption is held by more than one person jointly , it may be exercised only in its entirety . If it has expired with regard to one of the entitled persons or if one of them does not exercise his right , then the others are entitled to exercise the right of preemption in its entirety .
=U5= Sec473 -- Section 473 Non-transferability
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=S=> BGB 473 The right of preemption is not transferable and does not pass to the heirs of the person entitled to it unless otherwise provided . If the right is limited to a specific period , then , in case of doubt , it is inheritable .
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