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Dokument BGB Book 2 Law of Obligations
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289
=S=> BGB 723. 1 If the partnership has not been set up for a definite period of time , then each partner may terminate it at any time . If a period of time has been determined , then notice of termination prior to the expiry of that period is admissible if there is a compelling reason . A compelling reason includes without limitation if another partner has intentionally or with gross negligence violated a fundamental duty incumbent upon him under the partnership agreement or if the discharge of such a duty becomes impossible , if the partner has reached the age of eighteen . The partner who has reached the age of majority may only give notice of termination under no . 2 within three months from the time when he knew of or should have known of his position as a partner . There is no right to give notice if the partner was authorised in regard to the object of the partnership to independently operate a trade or business under section 112 or if the object of the partnership served solely to satisfy his personal needs . Under the same conditions , if a notice period has been specified , termination is admissible without complying with the notice period .
=S=> BGB 723. 2 Notice of termination may not be premature unless there is a compelling reason for the premature termination . If a partner gives premature notice of termination without such a reason , then he must compensate the remaining partners for the damage thus incurred .
=S=> BGB 723. 3 An agreement by which the right to give notice is excluded or is limited contrary to these provisions is void .