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=S=> BGB 817 If the purpose of performance was determined in such a way that that the receiver , in accepting it , was violating a statutory prohibition or public policy , then the receiver is obliged to make restitution . A claim for return is excluded if the person who rendered performance was likewise guilty of such a breach , unless the performance consisted in entering into an obligation ; restitution may not be demanded of any performance rendered in fulfilment of such an obligation .
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