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Dokument BGB Book 2 Law of Obligations
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149
=S=> BGB 524. 1 If the donor fraudulently conceals a defect in the donated thing , he is obliged to compensate the donee for the resulting damage .
=S=> BGB 524. 2 If the donor promised to provide a thing designated only by class that he had to acquire first , the donee may , if the thing provided is defective and the donor was aware of the defect when the thing was acquired or remained unaware of it due to gross negligence , demand that in place of the defective thing a thing free of defects is supplied . If the donor fraudulently concealed the defect , the donee may demand damages for non-performance in place of supply of a thing free of defects . The provisions applicable to a warranty for defects in a thing sold apply to these claims with the necessary modifications .