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=S=> BGB 773. 1 The defence of unexhausted remedies is excluded : if the surety waives the defence , including without limitation if he has assumed suretyship as principal debtor , if pursuit of rights against the principal debtor is made appreciably more difficult due to a change of residence , of business establishment or of place of abode occurring after assumption of suretyship , if insolvency proceedings have been opened in relation to the assets of the principal debtor , if it must be assumed that enforcement of judgment against the assets of the principal debtor will not result in satisfaction of the claim of the creditor .
=S=> BGB 773. 2 In the cases cited in nos . 3 and 4 , the defence is admissible to the extent that the creditor may satisfy his claim out of a movable thing of the principal debtor over which he has a security right or of which he has a right of retention ; the provisions of section 772 ( 2 ) sentence 2 apply .
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