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=U2= Tit1 -- Title 1 Duty of performance
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=U3= Sec241 -- Section 241 Duties arising from an obligation
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=U3= Sec241a -- Section 241a Unsolicited performance* )
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=U3= Sec242 -- Section 242 Performance in good faith
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=U3= Sec243 -- Section 243 Obligation in kind
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=U3= Sec244 -- Section 244 Foreign currency obligation
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=U3= Sec245 -- Section 245 Obligation payable in a specific denomination of money
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=U3= Sec246 -- Section 246 Statutory interest rate
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=U3= Sec247* )
-- Section 247* ) Basic rate of interest
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=U3= Sec248 -- Section 248 Compound interest
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=U3= Sec249 -- Section 249 Nature and extent of damages
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=U3= Sec250 -- Section 250 Damages in money after the specification of a period of time
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=U3= Sec251 -- Section 251 Damages in money without the specification of a period of time
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=U3= Sec252 -- Section 252 Lost profits
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=U3= Sec253 -- Section 253 Intangible damage
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=U3= Sec254 -- Section 254 Contributory negligence
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=U3= Sec255 -- Section 255 Assignment of claims to compensation
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=U3= Sec256 -- Section 256 Payment of interest on expenses
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=U3= Sec257 -- Section 257 Claim for release
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=U3= Sec258 -- Section 258 Right of removal
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=U3= Sec259 -- Section 259 Extent of duty to render account
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=U3= Sec260 -- Section 260 Duties when returning or providing information on an aggregate of objects
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=U3= Sec261 -- Section 261 Modifying a declaration in lieu of an oath ; costs
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=U3= Sec262 -- Section 262 Alternative obligation ; right of choice
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=U3= Sec263 -- Section 263 Exercise of the right of choice ; effect
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=U3= Sec264 -- Section 264 Default by the person entitled to the right of choice
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=U3= Sec265 -- Section 265 Impossibility in case of alternative obligations
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=U3= Sec266 -- Section 266 Part performance
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=U3= Sec267 -- Section 267 Performance by third parties
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=U3= Sec268 -- Section 268 Right of redemption of a third party
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=U3= Sec269 -- Section 269 Place of performance
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=U3= Sec270 -- Section 270 Place of payment
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=U3= Sec271 -- Section 271 Time of performance
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=U3= Sec272 -- Section 272 Interim interest
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=U3= Sec273 -- Section 273 Right of retention
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=U3= Sec274 -- Section 274 Effects of the right of retention
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=U3= Sec275 -- Section 275 Exclusion of the duty of performance* )
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=U3= Sec276 -- Section 276 Responsibility of the obligor
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=U3= Sec277 -- Section 277 Standard of care in ones own affairs
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=U3= Sec278 -- Section 278 Responsibility of the obligor for third parties
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=U3= Sec279 -- Section 279 repealed
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=U3= Sec280 -- Section 280 Damages for breach of duty
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=U3= Sec281 -- Section 281 Damages in lieu of performance for nonperformance or failure to render performance as owed
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=U3= Sec282 -- Section 282 Damages in lieu of performance for breach of a duty under section 241 ( 2 )
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=U3= Sec283 -- Section 283 Damages in lieu of performance where the duty of performance is excluded
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=U3= Sec284 -- Section 284 Reimbursement of futile expenses
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=U3= Sec285 -- Section 285 Return of reimbursement
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=U3= Sec286 -- Section 286 Default of the obligor* )
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=U3= Sec287 -- Section 287 Liability during default
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=U2= Tit2 -- Title 2 Default by the obligee
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=U3= Sec293 -- Section 293 Default in acceptance
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=U3= Sec294 -- Section 294 Actual offer
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=U3= Sec295 -- Section 295 Verbal offer
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=U3= Sec296 -- Section 296 Dispensability of the offer
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=U3= Sec297 -- Section 297 Inability of the obligor
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=U3= Sec298 -- Section 298 Concurrent performance
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=U3= Sec299 -- Section 299 Temporary prevention of acceptance
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=U3= Sec300 -- Section 300 Effects of default by the obligee
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=U3= Sec301 -- Section 301 Cessation of interest
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=U3= Sec302 -- Section 302 Emoluments
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=U3= Sec303 -- Section 303 Right to abandon possession
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=U3= Sec304 -- Section 304 Compensation for extra expenses
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=U2= Sec305 -- Section 305 Incorporation of standard business terms into the contract
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=S=> BGB 305. 1 Standard business terms are all contract terms pre-formulated for more than two contracts which one party to the contract ( the user ) presents to the other party upon the entering into of the contract . It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself , what their volume is , what typeface or font is used for them and what form the contract takes . Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties .
=S=> BGB 305. 2 Standard business terms only become a part of a contract if the user , when entering into the contract , refers the other party to the contract to them explicitly or , where explicit reference , due to the way in which the contract is entered into , is possible only with disproportionate difficulty , by posting a clearly visible notice at the place where the contract is entered into , and gives the other party to the contract , in an acceptable manner , which also takes into reasonable account any physical handicap of the other party to the contract that is discernible to the user , the opportunity to take notice of their contents , and if the other party to the contract agrees to their applying .
=S=> BGB 305. 3 The parties to the contract may , while complying with the requirements set out in subsection ( 2 ) above , agree in advance that specific standard business terms are to govern a specific type of legal transaction .
=U2= Sec305a -- Section 305a Incorporation in special cases
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=S=> BGB 305a Even without compliance with the requirements cited in section 305 ( 2 ) nos . 1 and 2 , if the other party to the contract agrees to their applying the following are incorporated , the tariffs and regulations of the railways issued with the approval of the competent transport authority or on the basis of international conventions , and the terms of transport approved under the Passenger Transport Act [ Personenbeförderungsgesetz ] , of trams , trolley buses and motor vehicles in regular public transport services , the standard business terms published in the gazette of the Federal Network Agency for Electricity , Gas , Telecommunications , Post and Railway [ Bundesnetzagentur für Elektrizität , Gas , Telekommunikation , Post und Eisenbahnen ] and kept available on the business premises of the user , a)into transport contracts entered into off business premises by the posting of items in postboxes , b)into contracts on telecommunications , information services and other services that are provided direct by the use of distance communication and at one time and without interruption during the supply of a telecommunications service , if it is disproportionately difficult to make the standard business terms available to the other party before the contract is entered into .
=U2= Sec305b -- Section 305b Priority of individually agreed terms
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=S=> BGB 305b Individually agreed terms take priority over standard business terms .
=U2= Sec305c -- Section 305c Surprising and ambiguous clauses
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=S=> BGB 305c. 1 Provisions in standard business terms which in the circumstances , in particular with regard to the outward appearance of the contract , are so unusual that the other party to the contract with the user need not expect to encounter them , do not form part of the contract .
=S=> BGB 305c. 2 Any doubts in the interpretation of standard business terms are resolved against the user .
=U2= Sec306 -- Section 306 Legal consequences of non-incorporation and ineffectiveness
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=S=> BGB 306. 1 If standard business terms in whole or in part have not become part of the contract or are ineffective , the remainder of the contract remains in effect .
=S=> BGB 306. 2 To the extent that the terms have not become part of the contract or are ineffective , the contents of the contract are determined by the statutory provisions .
=S=> BGB 306. 3 The contract is ineffective if upholding it , even taking into account the alteration provided in subsection ( 2 ) above , would be an unreasonable hardship for one party .
=U2= Sec306a -- Section 306a Prohibition of circumvention
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=S=> BGB 306a The rules in this division apply even if they are circumvented by other constructions .
=U2= Sec307 -- Section 307 Test of reasonableness of contents
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=S=> BGB 307. 1 Provisions in standard business terms are ineffective if , contrary to the requirement of good faith , they unreasonably disadvantage the other party to the contract with the user . An unreasonable disadvantage may also arise from the provision not being clear and comprehensible .
=S=> BGB 307. 2 An unreasonable disadvantage is , in case of doubt , to be assumed to exist if a provision is not compatible with essential principles of the statutory provision from which it deviates , or limits essential rights or duties inherent in the nature of the contract to such an extent that attainment of the purpose of the contract is jeopardised .
=S=> BGB 307. 3 Subsections ( 1 ) and ( 2 ) above , and sections 308 and 309 apply only to provisions in standard business terms on the basis of which arrangements derogating from legal provisions , or arrangements supplementing those legal provisions , are agreed . Other provisions may be ineffective under subsection ( 1 ) sentence 2 above , in conjunction with subsection ( 1 ) sentence 1 above .
=U2= Sec308 -- Section 308 Prohibited clauses with the possibility of evaluation
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=S=> BGB 308 In standard business terms the following are in particular ineffective
=S=> BGB 308. P of time for acceptance and performance ) a provision by which the user reserves to himself the right to unreasonably long or insufficiently specific periods of time for acceptance or rejection of an offer or for rendering performance ; this does not include the reservation of the right not to perform until after the end of the period of time for revocation or return under sections 355 ( 1 ) and ( 2 ) and 356 ;
=S=> BGB 308. A period of time ) a provision by which the user , contrary to legal provisions , reserves to himself the right to an unreasonably long or insufficiently specific additional period of time for the performance he is to render ;
=S=> BGB 308. R of the right to withdraw ) the agreement of a right of the user to free himself from his obligation to perform without any objectively justified reason indicated in the contract ; this does not apply to continuing obligations ;
=S=> BGB 308. R of the right to modify ) the agreement of a right of the user to modify the performance promised or deviate from it , unless the agreement of the modification or deviation can reasonably be expected of the other party to the contract when the interests of the user are taken into account ;
=S=> BGB 308. F declarations ) a provision by which a declaration by the other party to the contract with the user , made when undertaking or omitting a specific act , is deemed to have been made or not made by the user unless a)the other party to the contract is granted a reasonable period of time to make an express declaration , and b)the user agrees to especially draw the attention of the other party to the contract to the intended significance of his behaviour at the beginning of the period of time ;
=S=> BGB 308. F receipt ) a provision providing that a declaration by the user that is of special importance is deemed to have been received by the other party to the contract ;
=S=> BGB 308. R of contracts ) a provision by which the user , to provide for the event that a party to the contract withdraws from the contract or gives notice of termination of the contract , may demand a)unreasonably high remuneration for enjoyment or use of a thing or a right or for performance rendered , or b)unreasonably high reimbursement of expenses ;
=S=> BGB 308. U of performance ) the agreement , admissible under no . 3 , of the reservation by the user of a right to free himself from the duty to perform the contract in the absence of availability of performance , if the user does not agree to a)inform the other party to the contract without undue delay , of the unavailability , and b)reimburse the other party to the contract for consideration , without undue delay .
=U2= Sec309 -- Section 309 Prohibited clauses without the possibility of evaluation
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=S=> BGB 309. D of continuing obligations ) in a contractual relationship the subject matter of which is the regular supply of goods or the regular rendering of services or work performance by the user , a)a duration of the contract binding the other party to the contract for more than two years , b)a tacit extension of the contractual relationship by more than one year in each case that is binding on the other party to the contract , or c)a notice period longer than three months prior to the expiry of the duration of the contract as originally agreed or tacitly extended at the expense of the other party to the contract ; this does not apply to contracts relating to the supply of things sold as belonging together , to insurance contracts or to contracts between the holders of copyright rights and claims and copyright collecting societies within the meaning of the Act on the Administration of Copyright and Neighbouring Rights [ Gesetz über die Wahrnehmung von Urheberrechten und verwandten Schutzrechten ] ;
=S=> BGB 309. C of other party to contract ) a provision according to which in the case of purchase , loan or service agreements or agreements to produce a result a third party enters into , or may enter into , the rights and duties under the contract in place of the user , unless , in that provision , a)the third party is identified by name , or b)the other party to the contract is granted the right to free himself from the contract ;
=S=> BGB 309. L of an agent with power to enter into a contract ) a provision by which the user imposes on an agent who enters into a contract for the other party to the contract a)a liability or duty of responsibility for the principal on the part of the agent himself , without any explicit and separate declaration to this effect , or b)in the case of agency without authority , liability going beyond section 179 ;
=S=> BGB 309. B of proof ) a provision by which the user modifies the burden of proof to the disadvantage of the other party to the contract , in particular by a)imposing on the latter the burden of proof for circumstances lying in the sphere of responsibility of the user , or b)having the other party to the contract confirm certain facts ; letter ( b ) does not apply to acknowledgements of receipt that are signed separately or provided with a separate qualified electronic signature ;
=S=> BGB 309. F of notices and declarations ) a provision by which notices or declarations that are to be made to the user or a third party are tied to a more stringent form than written form or tied to special receipt requirements .
=U2= Sec310 -- Section 310 Scope of application
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=S=> BGB 310. 1 Section 305 ( 2 ) and ( 3 ) and sections 308 and 309 do not apply to standard business terms which are used in contracts with an entrepreneur , a legal person under public law or a special fund under public law . Section 307 ( 1 ) and ( 2 ) nevertheless apply to these cases in sentence 1 to the extent that this leads to the ineffectiveness of the contract provisions set out in sections 308 and 309 ; reasonable account must be taken of the practices and customs that apply in business dealings . In cases coming under sentence 1 , section 307 ( 1 ) and ( 2 ) do not apply to contracts in which the entire Award Rules for Building Works , Part B [ Vergabe - und Vertragsordnung für Bauleistungen Teil B - VOB/B ] in the version applicable at the time of conclusion of the contract are included without deviation as to their content , relating to an examination of the content of individual provisions .
=S=> BGB 310. 2 Sections 308 and 309 do not apply to contracts of electricity , gas , district heating or water suppliers for the supply of electricity , gas , district heating or water from the supply grid to special customers to the extent that the conditions of supply do not derogate , to the disadvantage of the customer , from orders on general conditions for the supply of standard-rate customers with electricity , gas , district heating and water . Sentence 1 applies with the necessary modifications to contracts for the disposal of sewage .
=S=> BGB 310. 3 In the case of contracts between an entrepreneur and a consumer ( consumer contracts ) the rules in this division apply with the following provisos : Standard business terms are deemed to have been presented by the entrepreneur , unless they were introduced into the contract by the consumer ;
=U2= Sec305c -- Section 305c ( 2 ) and sections 306 and 307 to 309 of this Code and Article 29a of the Introductory Act to the Civil Code [ Einführungsgesetz zum Bürgerlichen Gesetzbuch ] apply to preformulated contract terms even if the latter are intended only for non-recurrent use on one occasion , and to the extent that the consumer , by reason of the preformulation , had no influence on their contents ; in judging an unreasonable disadvantage under section 307 ( 1 ) and ( 2 ) , the other circumstances attending the entering into of the contract must also be taken into account .
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=S=> Division 3 Contractual obligations
=U2= Tit1 -- Title 1 Creation , subject matter and termination
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=U3= UTit1 -- Subtitle 1 Creation
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=U3= UTit2 -- Subtitle 2 Particular types of sale* ) * ) Official note : This subtitle serves to implement 1. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises ( OJ L 372 of 31 December 1985 , p . 31 ) , 2. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 , p . 19 ) , 3. and Articles 10 , 11 and 18 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services , in particular electronic commerce , in the Internal Market ( “Directive on electronic commerce” OJ L 178 , p . 1 ) .
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=U3= UTit3 -- Subtitle 3 Adaptation and ending of contracts
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=U3= UTit4 -- Subtitle 4 Unilateral rights to specify performance
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=U2= Tit2 -- Title 2 Reciprocal contracts
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=U3= Sec320 -- Section 320 Defence of unperformed contract
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=U3= Sec321 -- Section 321 Defence of uncertainty
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=U3= Sec322 -- Section 322 Order to perform reciprocally and simultaneously
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=U3= Sec323 -- Section 323 Withdrawal for nonperformance or for performance not in conformity with the contract* )
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=U3= Sec324 -- Section 324 Withdrawal for breach of a duty under section 241 ( 2 )
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=U3= Sec325 -- Section 325 Damages and withdrawal
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=U3= Sec326 -- Section 326 Release from consideration and withdrawal where the duty of performance is excluded* )
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=U3= Sec327 -- Section 327 repealed
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=U2= Tit3 -- Title 3 Promise of performance to a third party
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=U3= Sec328 -- Section 328 Contract for the benefit of third parties
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=U3= Sec329 -- Section 329 Interpretation rule where there is an assumption of the duty to perform
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=U3= Sec330 -- Section 330 Interpretation rule in the case of life annuity contracts
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=U3= Sec331 -- Section 331 Performance after death
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=U3= Sec332 -- Section 332 Modification by disposition mortis causa in case of reservation
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=U3= Sec333 -- Section 333 Rejection of the right by the third party
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=U3= Sec334 -- Section 334 Objections of the obligor in relation to the third party
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=U3= Sec335 -- Section 335 Right of the promisee to make demands
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=U2= Tit4 -- Title 4 Earnest , contractual penalty
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=U3= Sec336 -- Section 336 Interpretation of earnest
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=U3= Sec337 -- Section 337 Crediting or return of the earnest
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=U3= Sec338 -- Section 338 Earnest in case of impossibility of performance for which giver of earnest is responsible
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=U3= Sec339 -- Section 339 Payability of contractual penalty
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=U3= Sec340 -- Section 340 Promise to pay a penalty for nonperformance
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=U3= Sec341 -- Section 341 Promise of a penalty for improper performance
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=U3= Sec342 -- Section 342 Alternatives to monetary penalty
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=U3= Sec343 -- Section 343 Reduction of the penalty
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=U3= Sec344 -- Section 344 Ineffective promise of a penalty
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=U3= Sec345 -- Section 345 Burden of proof
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=U2= Tit5 -- Title 5 Withdrawal ; right of revocation and right of return in consumer contracts
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=U3= UTit1 -- Subtitle 1 Withdrawal* ) * ) Official note : This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
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=U3= UTit2 -- Subtitle 2 Right of revocation and right of return in consumer contracts* ) * ) Official note : This subtitle serves to implement 1. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises ( OJ L 372 of 31 December 1985 , p . 31 ) , 2. Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis ( OJ L 280 , p . 82 ) , 3. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 of 4 June 1997 , p . 19 ) .
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=U2= Tit1 -- Title 1 Performance
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=U3= Sec362 -- Section 362 Extinction by performance
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=U3= Sec363 -- Section 363 Burden of proof in the case of acceptance as performance of contract
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=U3= Sec364 -- Section 364 Acceptance in lieu of performance of contract
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=U3= Sec365 -- Section 365 Warranty in the case of performance in lieu of performance of contract
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=U3= Sec366 -- Section 366 Crediting of performance to more than one claim
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=U3= Sec367 -- Section 367 Crediting to interest and costs
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=U3= Sec368 -- Section 368 Receipt
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=U3= Sec369 -- Section 369 Costs of the receipt
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=U3= Sec370 -- Section 370 Performance to the bringer of the receipt
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=U3= Sec371 -- Section 371 Return of the certificate of indebtedness
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=U2= Tit2 -- Title 2 Deposit
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=U3= Sec372 -- Section 372 Requirements
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=U3= Sec373 -- Section 373 Reciprocal and simultaneous performance
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=U3= Sec374 -- Section 374 Place of deposit ; duty to notify
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=U3= Sec375 -- Section 375 Retroactive effect with dispatch by mail
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=U3= Sec376 -- Section 376 Right to take back
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=U3= Sec377 -- Section 377 Unpledgeability of the right to take back
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=U3= Sec378 -- Section 378 Effect of deposit where taking back is excluded
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=U3= Sec379 -- Section 379 Effect of deposit where taking back is not excluded
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=U3= Sec380 -- Section 380 Proof of entitlement to receive
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=U3= Sec381 -- Section 381 Costs of deposit
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=U3= Sec382 -- Section 382 Extinction of the right of the obligee
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=U3= Sec383 -- Section 383 Auction of things not capable of deposit
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=U3= Sec384 -- Section 384 Warning of auction
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=U3= Sec385 -- Section 385 Sale by private agreement
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=U3= Sec386 -- Section 386 Costs of the auction
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=U2= Tit3 -- Title 3 Set-off
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=U3= Sec387 -- Section 387 Requirements
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=U3= Sec388 -- Section 388 Declaration of set-off
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=U3= Sec389 -- Section 389 Effect of set-off
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=U3= Sec390 -- Section 390 No set-off against a claim subject to a defence
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=U3= Sec391 -- Section 391 Set-off with different places of performance
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=U3= Sec392 -- Section 392 Set-off against a seized claim
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=U3= Sec393 -- Section 393 No set-off against a claim in tort
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=U3= Sec394 -- Section 394 No set-off against an unpledgeable claim
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=U3= Sec395 -- Section 395 Set-off against claims of public-law corporations
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=U3= Sec396 -- Section 396 More than one claim
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=U2= Tit4 -- Title 4 Forgiveness
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=U3= Sec397 -- Section 397 Contract of forgiveness , acknowledgement of non-indebtedness
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=U2= Sec398 -- Section 398 Assignment
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=S=> BGB 398 A claim may be transferred by the obligee to another person by contract with that person ( assignment ) . When the contract is entered into , the new obligee steps into the shoes of the previous obligee .
=U2= Sec399 -- Section 399 Exclusion of assignment in case of change of contents or by agreement
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=S=> BGB 399 A claim may not be assigned if the performance cannot be made to a person other than the original obligee without a change of its contents or if the assignment is excluded by agreement with the obligor .
=U2= Sec400 -- Section 400 Exclusion in case of unpledgeable claims
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=S=> BGB 400 A claim may not be assigned to the extent that it is not subject to pledge .
=U2= Sec401 -- Section 401 Passing of accessory rights and preferential rights
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=S=> BGB 401. 1 With the assigned claim the mortgages , ship mortgages or security rights attaching to them as well as the rights under a suretyship created for them pass to the new obligee .
=S=> BGB 401. 2 A preferential right linked to the claim to provide for the case of execution of judgment or insolvency proceedings may also be asserted by the new obligee .
=U2= Sec402 -- Section 402 Duty of information ; provision of documents
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=S=> BGB 402 The previous obligee is obliged to provide the new obligee with the information required to assert the claim and to provide him with documents serving as proof of the claim , to the extent that they are in his possession .
=U2= Sec403 -- Section 403 Duty of notarial recording
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=S=> BGB 403 The previous obligee must , upon demand , issue the new obligee with a publicly certified document on the assignment . The new obligee must bear and advance the costs .
=U2= Sec404 -- Section 404 Objections of the obligor
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=S=> BGB 404 The obligor may raise against the new obligee the objections that he was entitled to raise against the previous obligee at the time of assignment .
=U2= Sec405 -- Section 405 Assignment with presentation of documents
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=S=> BGB 405 If the obligor has issued a document relating to the debt then , if the claim is assigned and the document is presented at the same time , he may not , in relation to the new obligee , invoke the fact that the entering into or acknowledgement of the obligation is only occurring for the sake of appearance or that the assignment is excluded by agreement with the original obligee , unless the new obligee was aware of or ought to have known of the circumstances on assignment .
=U2= Sec406 -- Section 406 Set-off in relation to the new obligee
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=S=> BGB 406 The obligor may set off a claim against the previous obligee to which he is entitled against the new obligee as well , unless , when acquiring the claim , he was aware of the assignment or the claim only became due after he obtained knowledge of this and later than the assigned claim became due .
=U2= Sec407 -- Section 407 Legal acts in relation to the previous obligee
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=S=> BGB 407. 1 The new obligee must allow performance that the obligor renders to the previous obligee after the assignment , as well as any legal transaction undertaken after assignment between the obligor and the previous obligee in respect of the claim , to be asserted against him , unless the obligor is aware of the assignment upon performance or upon undertaking the legal transaction .
=S=> BGB 407. 2 If , in a legal dispute that became pending at court between the obligor and the previous obligee after the assignment , a final and non-appealable judgment on the claim has been rendered , the new obligee must allow the judgment to be asserted against him , unless the obligor was aware of the assignment when legal proceedings became pending .
=U2= Sec408 -- Section 408 Multiple assignment
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=S=> BGB 408. 1 If an assigned claim is once again assigned by the previous obligee to a third party , and if the obligor renders performance to the third party , or if , between the obligor and the third party , a legal transaction is undertaken or a legal dispute becomes pending , the provisions of section 407 will be applied with the necessary modifications for the benefit of the obligor in relation to the previous acquirer .
=S=> BGB 408. 2 The same applies if the claim already assigned is transferred to a third party by court decision or if the previous obligee acknowledges to the third party that the claim already assigned has passed to the third party by operation of law .
=U2= Sec409 -- Section 409 Notice of assignment
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=S=> BGB 409. 1 If the obligee notifies the obligor that he has assigned the claim , he must allow the notified assignment to be asserted against him in relation to the obligor , even if it does not occur or is not effective . It is equivalent to notice if the obligee has issued a document relating to the assignment to the new obligee named in the document and the latter presents it to the obligor .
=S=> BGB 409. 2 The notice may only be retracted with the approval of the person who has been named as the new obligee .
=U2= Sec410 -- Section 410 Delivery of the assignment document
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=S=> BGB 410. 1 The obligor is only obliged to the new obligee to perform in return for the delivery of the document relating to the assignment issued by the previous obligee . Notice of termination or a warning by the new obligee is only ineffective if it occurs without presentation of such a document and if the obligor rejects it without undue delay for that reason .
=S=> BGB 410. 2 These provisions are not applicable if the previous obligee notified the obligor of the assignment in writing .
=U2= Sec411 -- Section 411 Assignment of salary
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=S=> BGB 411 If a military person , an official , a clergyman or a teacher at a public institution of education assigns the transferable portion of his official income , inactive status pay or retirement pay , the disbursing fund must be notified of the assignment by delivery of a publicly or officially certified document issued by the previous obligee . Pending notice , the fund is deemed to be unaware of the assignment .
=U2= Sec412 -- Section 412 Statutory passing of claims
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=S=> BGB 412 The provisions of sections 399 to 404 and 406 to 410 apply with the necessary modifications to the transfer of a claim by operation of law .
=U2= Sec413 -- Section 413 Transfer of other rights
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=S=> Division 6 Assumption of debt
=U2= Sec414 -- Section 414 Contract between obligee and transferee
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=S=> BGB 414 A debt may be assumed by a third party by contract with the obligee in such a way that the third party steps into the shoes of the previous obligor .
=U2= Sec415 -- Section 415 Contract between obligor and transferee
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=S=> BGB 415. 1 If the assumption of the debt is agreed between the third party and the obligor , its effectiveness is subject to ratification by the obligee . Ratification may only occur when the obligor or the third party has informed the obligee of the assumption of the debt . Until ratification , the parties may alter or cancel the contract .
=S=> BGB 415. 2 If ratification is refused , assumption of the debt is deemed not to have occurred . If the obligor or the third party requests the obligee , specifying a period of time , to make a declaration relating to the ratification , the ratification may only be declared before the end of the period of time ; if it is not declared it is deemed to be refused .
=S=> BGB 415. 3 As long as the obligee has not granted ratification , then in case of doubt the transferee is obliged to the obligor to satisfy the obligee in good time . The same applies if the obligee refuses ratification .
=U2= Sec416 -- Section 416 Assumption of a mortgage debt
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=S=> BGB 416. 1 If the acquirer of a plot of land assumes a debt of the alienor for which there is a mortgage on the land , by contract with the latter , the obligee may only ratify the assumption of the debt if the alienor notifies him of it . If six months have passed since receipt of the notice , the ratification is deemed to have been granted unless the obligee has previously refused it to the alienor ; the provision of section 415 ( 2 ) sentence 2 does not apply .
=S=> BGB 416. 2 Notice by the alienor may only be made when the acquirer has been entered in the Land Register as owner . It must be made in writing and must include the statement that the transferee steps into the shoes of the previous obligor unless the obligee declares his refusal within that period of six months .
=S=> BGB 416. 3 The alienor must , on the demand of the acquirer , notify the obligee of the assumption of debt . As soon as the grant or refusal of the ratification is definite , the alienor must inform the acquirer .
=U2= Sec417 -- Section 417 Objections of the transferee
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=S=> BGB 417. 1 The transferee may raise against the obligee the objections that arise from the legal relationship between the obligee and the previous obligor . He may not set off a claim to which the previous obligor is entitled .
=S=> BGB 417. 2 The transferee may not derive objections relating to the obligee from the legal relationship between the transferee and the previous obligor on which the assumption of debt is based .
=U2= Sec418 -- Section 418 Extinction of security rights and preferential rights
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=S=> BGB 418. 1 As a result of the assumption of debt , the suretyships and security rights created for the claim are extinguished . If there is a mortgage or a ship mortgage for the claim the same thing occurs as if the obligee waives the mortgage or the ship mortgage . These provisions do not apply if the surety or the party that owns the mortgaged object at the time of the assumption of debt gives his consent .
=S=> BGB 418. 2 A preferential right linked to the claim in case of insolvency proceedings may not be asserted in the insolvency proceedings relating to the assets of the transferee .
=U2= Sec419 -- Section 419 repealed
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=S=> Division 7 More than one obligor and obligee
=U2= Sec420 -- Section 420 Divisible performance
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=S=> BGB 420 If more than one person owes divisible performance or if more than one person may demand divisible performance , then in case of doubt each obligor is only obliged to render an equal proportion and each obligee is only entitled to an equal proportion .
=U2= Sec421 -- Section 421 Joint and several debtors
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=S=> BGB 421 If more than one person owes performance in such a way that each is obliged to effect the entire performance , but the obligee is only entitled to demand the performance once ( joint and several debtors ) , the obligee may at his discretion demand full or part performance from each of the obligors . Until the entire performance has been effected all obligors remain obliged .
=U2= Sec422 -- Section 422 Effect of performance
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=S=> BGB 422. 1 Performance by a joint and several debtor is also effective for the other obligors . The same applies to performance in lieu of performance of contract , to deposit and to set-off .
=S=> BGB 422. 2 A claim to which a joint and several debtor is entitled may not be set off by the other obligors .
=U2= Sec423 -- Section 423 Effect of forgiveness
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=S=> BGB 423 Forgiveness agreed between the obligee and a joint and several debtor is also effective for the other obligors if the parties to the contract intended to terminate the whole obligation .
=U2= Sec424 -- Section 424 Effect of default by the obligee
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=U3= Sec288 -- Section 288 Default interest* )
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=S=> BGB 424 The default of the obligee in relation to a joint and several debtor is also effective for the other obligors .
=U3= Sec289 -- Section 289 Prohibition of compound interest
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=U3= Sec290 -- Section 290 Interest on compensation for value
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=U3= Sec291 -- Section 291 Interest during legal proceedings
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=U3= Sec292 -- Section 292 Liability in the case of a duty to return
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=U2= Sec425 -- Section 425 Effect of other facts
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=S=> BGB 425. 1 Facts other than those cited in sections 422 to 424 are only effective , unless the obligation leads to a different conclusion , for and against the joint and several debtor personally affected by them .
=S=> BGB 425. 2 This applies in particular , without limitation , to notice of termination , to default , to fault , to impossibility of performance in the person of a joint and several debtor , to limitation and to the new beginning , suspension and suspension of expiry of a period of limitation , to the merger of the claim with the debt and to a final and absolute judgment .
=U2= Sec426 -- Section 426 Duty to adjust advancements , passing of claim
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=S=> BGB 426. 1 The joint and several debtors are obliged in equal proportions in relation to one another unless otherwise determined . If the contribution attributable to a joint and several debtor cannot be obtained from him , the shortfall is to be borne by the other obligors obliged to adjust advancements .
=S=> BGB 426. 2 To the extent that a joint and several debtor satisfies the obligee and may demand adjustment of advancements from the other obligors , the claim of the obligee against the other obligors passes to him . The passing of ownership may not be asserted to the disadvantage of the creditor .
=U2= Sec427 -- Section 427 Joint contractual duty
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=S=> BGB 427 If more than one person jointly binds himself by contract to render divisible performance then , in case of doubt , they are liable as joint and several debtors .
=U2= Sec428 -- Section 428 Joint and several creditors
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=S=> BGB 428 If more than one person is entitled to demand performance in such a way that each may demand the entire performance but the obligor is only obliged to effect the performance once ( joint and several creditors ) , the obligor may at his discretion effect performance to each of the obligees . This also applies if one of the obligees has already sued for performance .
=U2= Sec429 -- Section 429 Effect of changes
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=S=> BGB 429. 1 The default of a joint and several creditor is also effective against the other obligees .
=S=> BGB 429. 2 If claim and debt are combined in the person of a joint and several creditor , the rights of the other obligees against the obligor expire .
=S=> BGB 429. 3 Apart from this , the provisions of sections 422 , 423 and 425 apply with the necessary modifications . In particular , without limitation , if a joint and several creditor transfers his claim to another party , the rights of the other obligees are unaffected .
=U2= Sec430 -- Section 430 Duty of the joint and several creditors to adjust advancements
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=S=> BGB 430 The joint and several creditors are entitled in equal proportions in relation to each other unless otherwise specified .
=U2= Sec431 -- Section 431 More than one obligor of indivisible performance
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=S=> BGB 431 If more than one person owes indivisible performance , they are liable as joint and several debtors .
=U2= Sec432 -- Section 432 More than one obligee of indivisible performance
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=S=> Division 8 Particular types of obligations
=U2= Tit1 -- Title 1 Purchase , exchange* ) * ) Official note : This title serves to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ 171 , p . 12 ) .
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=U3= UTit1 -- Subtitle 1 General provisions
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=U3= UTit2 -- Subtitle 2 Special types of purchase
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=U3= UTit3 -- Subtitle 3 Purchase of consumer goods
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=U3= UTit4 -- Subtitle 4 Exchange
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=U2= Tit2 -- Title 2 Time-share agreements* ) * ) Official note : This title serves to implement Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of pertain aspects of contracts relating to the purchase of the right to use immovable properties on a time-share basis ( OJ L 280 , p . 82 ) .
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=U3= Sec481 -- Section 481 The concept of time-share agreement
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=U3= Sec482 -- Section 482 Duty to provide a prospectus with regard to time-share agreements
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=U3= Sec483 -- Section 483 Language of the contract and prospectus with regard to time-share agreements
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=U3= Sec484 -- Section 484 Written form with regard to time-share agreements
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=U3= Sec485 -- Section 485 Right of revocation with regard to time-share agreements
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=U3= Sec486 -- Section 486 Prohibition of down payment with regard to time-share agreements
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=U3= Sec487 -- Section 487 Deviating agreements
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=U2= Tit3 -- Title 3 Loan contract ; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer* ) * ) Official note : This title serves to implement Directive 87/102/EEC of the Council for approximation of the laws , regulations and administrative provisions of the Member States concerning consumer credit ( OJ L 42 , p . 48 ) most recently amended by Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 to amend Directive 87/102/EEC for approximation of the laws , regulations and administrative provisions of the Member States concerning consumer credit ( OJ L 101 , p . 17 ) .
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=U3= UTit1 -- Subtitle 1 Loan contract
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=U3= UTit2 -- Subtitle 2 Financing assistance between an entrepreneur and a consumer
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=U3= UTit3 -- Subtitle 3 Instalment supply contracts between an entrepreneur and a consumer
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=U3= UTit4 -- Subtitle 4 Mandatory nature , application to founders of new businesses
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=U2= Tit4 -- Title 4 Donation
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=U3= Sec516 -- Section 516 Concept of donation
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=U3= Sec517 -- Section 517 Failure to acquire assets
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=U3= Sec518 -- Section 518 Form of promise of donation
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=U3= Sec519 -- Section 519 Defence of paying for necessaries
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=U3= Sec520 -- Section 520 Expiry of the promise of an annuity
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=U3= Sec521 -- Section 521 Liability of the donor
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=U3= Sec522 -- Section 522 No default interest
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=U3= Sec523 -- Section 523 Liability for legal defects
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=U3= Sec524 -- Section 524 Liability for material defects
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=U3= Sec525 -- Section 525 Donation subject to conditions
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=U3= Sec526 -- Section 526 Refusal to fulfil the condition
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=U3= Sec527 -- Section 527 Non-fulfilment of the condition
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=U3= Sec528 -- Section 528 Claim for return due to impoverishment of the donor
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=U3= Sec529 -- Section 529 Exclusion of claim for return
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=U3= Sec530 -- Section 530 Revocation of donation
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=U3= Sec531 -- Section 531 Declaration of revocation
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=U3= Sec532 -- Section 532 Exclusion of revocation
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=U3= Sec533 -- Section 533 Waiver of the right of revocation
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=U3= Sec534 -- Section 534 Donations for duty and decency
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=U2= Tit5 -- Title 5 Lease , usufructuary lease
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=U3= UTit1 -- Subtitle 1 General provisions for leases
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=U3= UTit2 -- Subtitle 2 Leases for residential space
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=U3= UTit3 -- Subtitle 3 Leases of other things
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=U3= UTit4 -- Subtitle 4 Usufructuary lease
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=U3= UTit5 -- Subtitle 5 Farm lease
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=U2= Tit6 -- Title 6 Gratuitous loan
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=U3= Sec598 -- Section 598 Typical contractual duties in the case of a gratuitous loan
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=U3= Sec599 -- Section 599 Liability of the lender
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=U3= Sec600 -- Section 600 Liability for defects
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=U3= Sec601 -- Section 601 Reimbursement of outlays
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=U3= Sec602 -- Section 602 Wear and tear on the thing
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=U3= Sec603 -- Section 603 Use in conformity with the contract
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=U3= Sec604 -- Section 604 Duty to return
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=U3= Sec605 -- Section 605 Right of termination
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=U3= Sec606 -- Section 606 Short limitation period
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=U2= Tit7 -- Title 7 Contract for the loan of a thing
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=U3= Sec607 -- Section 607 Typical contractual duties in a contract for the loan of a thing
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=U3= Sec608 -- Section 608 Termination
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=U3= Sec609 -- Section 609 Payment
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=U3= Sec610 -- Section 610 repealed
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=U2= Tit8 -- Title 8 Service contract* ) * ) Official note : This title serves to implement 1. Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment , vocational training and promotion , and working conditions ( OJ L 39 , p . 40 ) , and 2. Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of businesses ( OJ L 61 , p . 26 ) .
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=U3= Sec611 -- Section 611 Typical contractual duties in a service contract
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=U0= -- --
=U3= Sec612 -- Section 612 Remuneration
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=U3= Sec612a -- Section 612a Prohibition of victimisation
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=U3= Sec613 -- Section 613 Non-transferability
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=U3= Sec613a -- Section 613a Rights and duties in the case of transfer of business
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=U3= Sec614 -- Section 614 Due date of remuneration
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=U3= Sec615 -- Section 615 Remuneration in the case of default in acceptance and business risk
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=U3= Sec616 -- Section 616 Temporary prevention from performing services
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=U3= Sec617 -- Section 617 Duty of medical care
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=U3= Sec618 -- Section 618 Duty to undertake protective measures
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=U3= Sec619 -- Section 619 Absolute nature of welfare duties
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=U3= Sec619a -- Section 619a Burden of proof when the employee is liable
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=U3= Sec620 -- Section 620 Termination of services relationship
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=U3= Sec621 -- Section 621 Notice periods for service relationships
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=U3= Sec622 -- Section 622 Notice periods in the case of employment relationships
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=U3= Sec623 -- Section 623 Written form of termination
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=U3= Sec624 -- Section 624 Notice period in the case of contracts lasting more than five years
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=U3= Sec625 -- Section 625 Tacit extension
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=U3= Sec626 -- Section 626 Termination without notice for a compelling reason
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=U3= Sec627 -- Section 627 Termination without notice in the case of a position of trust
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=U3= Sec628 -- Section 628 Partial remuneration and damages in case of termination without notice
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=U3= Sec629 -- Section 629 Time off for search for employment
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=U3= Sec630 -- Section 630 Duty to provide a reference
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=U2= Tit9 -- Title 9 Contract to produce a work and similar contracts
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=U3= UTit1 -- Subtitle 1 Contract to produce a work
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=U3= UTit2 -- Subtitle 2 Package travel contract* ) * ) Official note : This subtitle serves to implement Council Directive 90/314/EEC of the European Parliament and of the Council of 13 June 1990 on package travel , package holidays and package tours ( OJ L 158 , p . 59 ) .
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=U2= Tit10 -- Title 10 Brokerage contract
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=U3= UTit1 -- Subtitle 1 General provisions
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=U3= UTit2 -- Subtitle 2 Loan brokerage contract between an entrepreneur and a consumer
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=U3= UTit3 -- Subtitle 3 Marriage broking
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=U2= Tit11 -- Title 11 Promise of a reward
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=U3= Sec657 -- Section 657 Binding promise
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=U3= Sec658 -- Section 658 Revocation
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=U3= Sec659 -- Section 659 Act undertaken more than once
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=U3= Sec660 -- Section 660 Collaboration by more than one person
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=U3= Sec661 -- Section 661 Prize competition
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=U3= Sec661a -- Section 661a Promises of prizes
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=U2= Tit12 -- Title 12 Mandate and contract for the management of the affairs of another
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=U3= UTit1 -- Subtitle 1 Mandate
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=U3= UTit2 -- Subtitle 2 Contract for the management of the affairs of another* ) * ) Official note : This subtitle serves to implement 1. Directive 97/7/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers ( OJ L 43 of 14 February 1997 , p . 25 ) , 2. Articles 3 to 5 of Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems ( OJ L 166 of 11 June 1998 , p . 45 ) .
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=U2= Tit13 -- Title 13 Agency without specific authorisation
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=U3= Sec677 -- Section 677 Duties of the voluntary agent
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=U3= Sec678 -- Section 678 Agency contrary to the will of the principal
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=U3= Sec679 -- Section 679 Irrelevance of the contrary will of the principal
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=U3= Sec680 -- Section 680 Agency to ward off danger
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=U3= Sec681 -- Section 681 Ancillary duties of the voluntary agent
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=U3= Sec682 -- Section 682 Lack of capacity to contract on the part of the voluntary agent
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=U3= Sec683 -- Section 683 Reimbursement of expenses
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=U3= Sec684 -- Section 684 Return of enrichment
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=U3= Sec685 -- Section 685 Intention to donate
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=U3= Sec686 -- Section 686 Error as to the identity of the principal
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=U3= Sec687 -- Section 687 False agency without specific authorisation
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=U2= Tit14 -- Title 14 Safekeeping
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=U3= Sec688 -- Section 688 Typical contractual duties in safekeeping
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=U3= Sec689 -- Section 689 Remuneration
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=U3= Sec690 -- Section 690 Liability for gratuitous safekeeping
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=U3= Sec691 -- Section 691 Deposit with third parties
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=U3= Sec692 -- Section 692 Change of safekeeping
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=U3= Sec693 -- Section 693 Reimbursement of expenses
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=U3= Sec694 -- Section 694 Liability in damages of the depositor
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=U3= Sec695 -- Section 695 Right of the depositor to demand return
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=U3= Sec696 -- Section 696 Claim of depositary for repossession of the thing deposited
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=U3= Sec697 -- Section 697 Place for return
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=U3= Sec698 -- Section 698 Interest on money spent
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=U3= Sec699 -- Section 699 Due date of remuneration
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=U3= Sec700 -- Section 700 Irregular safekeeping contract
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=U2= Tit15 -- Title 15 Bringing things onto the premises of innkeepers
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=U3= Sec701 -- Section 701 Liability of the innkeeper
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=U3= Sec702 -- Section 702 Limitation of liability ; valuables
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=U3= Sec702a -- Section 702a Release from liability
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=U3= Sec703 -- Section 703 Extinction of the claim for damages
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=U3= Sec704 -- Section 704 Security right of the innkeeper
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=U2= Tit16 -- Title 16 Partnership
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=U3= Sec705 -- Section 705 Contents of partnership agreement
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=U3= Sec706 -- Section 706 Contributions of the partners
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=U3= Sec707 -- Section 707 Increase of the agreed contribution
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=U3= Sec708 -- Section 708 Liability of the partners
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=U3= Sec709 -- Section 709 Joint management
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=U3= Sec710 -- Section 710 Transfer of management
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=U3= Sec711 -- Section 711 Right to object
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=U3= Sec712 -- Section 712 Withdrawal and dismissal of management
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=U3= Sec713 -- Section 713 Rights and duties of managing partners
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=U3= Sec714 -- Section 714 Power of agency
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=U3= Sec715 -- Section 715 Withdrawal of the power of agency
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=U3= Sec716 -- Section 716 Right of control of the partners
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=U3= Sec717 -- Section 717 Non-transferability of partner rights
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=U3= Sec718 -- Section 718 Partnership assets
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=U3= Sec719 -- Section 719 Joint property
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=U3= Sec720 -- Section 720 Protection of good faith debtor
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=U3= Sec721 -- Section 721 Distribution of profits and losses
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=U3= Sec722 -- Section 722 Shares in profit and loss
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=U3= Sec723 -- Section 723 Termination by partner
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=U3= Sec724 -- Section 724 Notice of termination in the case of a partnership for life or a continuing partnership
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=U3= Sec725 -- Section 725 Termination by attachment creditors
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=U3= Sec726 -- Section 726 Dissolution due to achievement or impossibility of its object
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=U3= Sec727 -- Section 727 Dissolution due to the death of a partner
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=U3= Sec728 -- Section 728 Dissolution due to insolvency of the partnership or one of its partners
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=U3= Sec729 -- Section 729 Continuation of authority to manage
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=U3= Sec730 -- Section 730 Winding-up of the partnership ; management
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=U3= Sec731 -- Section 731 Procedure for winding-up of the partnership
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=U3= Sec732 -- Section 732 Return of objects
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=U3= Sec733 -- Section 733 Discharge of partnership debts ; reimbursement of capital contributions
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=U3= Sec734 -- Section 734 Distribution of the surplus
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=U3= Sec735 -- Section 735 Duty to make subsequent contributions in case of loss
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=U3= Sec736 -- Section 736 Retirement of a partner ; continuing liability
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=U3= Sec737 -- Section 737 Exclusion of a partner
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=U3= Sec738 -- Section 738 Winding-up of the partnership on retirement
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=U3= Sec739 -- Section 739 Liability for deficit
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=U3= Sec740 -- Section 740 Sharing in the financial results of transactions in progress
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=U2= Tit17 -- Title 17 Co-ownership
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=U3= Sec741 -- Section 741 Co-ownership by defined shares
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=U3= Sec742 -- Section 742 Equal shares
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=U3= Sec743 -- Section 743 Share in the fruits ; authority to use
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=U3= Sec744 -- Section 744 Joint administration
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=U3= Sec745 -- Section 745 Administration and use by resolution
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=U3= Sec746 -- Section 746 Effect in relation to successors in interest
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=U3= Sec747 -- Section 747 Disposal of a share and joint objects
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=U3= Sec748 -- Section 748 Bearing of charges and costs
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=U3= Sec749 -- Section 749 Cancellation claim
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=U3= Sec750 -- Section 750 Exclusion of cancellation in case of death
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=U3= Sec751 -- Section 751 Exclusion of cancellation and successors in interest
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=U3= Sec752 -- Section 752 Division in kind
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=U3= Sec753 -- Section 753 Division by sale
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=U3= Sec754 -- Section 754 Sale of joint claims
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=U3= Sec755 -- Section 755 Discharge of a joint debt
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=U3= Sec756 -- Section 756 Discharge of the debt of a part owner
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=U3= Sec757 -- Section 757 Warranty upon allocation to a part owner
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=U3= Sec758 -- Section 758 Right of cancellation not subject to the statute of limitations
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=U2= Tit18 -- Title 18 Life annuity
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=U3= Sec759 -- Section 759 Duration and amount of the annuity
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=U3= Sec760 -- Section 760 Advance payment
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=U3= Sec761 -- Section 761 Form of life annuity commitment
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=U2= Tit19 -- Title 19 Imperfect obligations
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=U3= Sec762 -- Section 762 Gaming , betting
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=U3= Sec763 -- Section 763 Lottery contracts and gaming contracts
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=U3= Sec764 -- Section 764 repealed
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=U2= Tit20 -- Title 20 Suretyship
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=U3= Sec765 -- Section 765 Typical contractual duties in suretyship
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=U3= Sec766 -- Section 766 Written form of the declaration of suretyship
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=U3= Sec767 -- Section 767 Extent of the suretyship debt
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=U3= Sec768 -- Section 768 Defences of surety
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=U3= Sec769 -- Section 769 Co-suretyship
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=U3= Sec770 -- Section 770 Defences of voidability and set-off
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=U3= Sec771 -- Section 771 Defence of unexhausted remedies
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=U3= Sec772 -- Section 772 Duty of creditor of enforcement and realisation
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=U3= Sec773 -- Section 773 Exclusion of defence of unexhausted remedies
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=U3= Sec774 -- Section 774 Statutory passing of claims
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=U3= Sec775 -- Section 775 Claim to release of the surety
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=U3= Sec776 -- Section 776 Waiver of a security
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=U3= Sec777 -- Section 777 Temporary suretyship
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=U3= Sec778 -- Section 778 Credit mandate
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=U2= Tit21 -- Title 21 Settlement
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=U3= Sec779 -- Section 779 Concept of settlement ; mistake as to the basis of the settlement
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=U2= Tit22 -- Title 22 Promise to fulfil an obligation ; acknowledgement of debt
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=U3= Sec780 -- Section 780 Promise to fulfil an obligation
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=U3= Sec781 -- Section 781 Acknowledgement of a debt
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=U3= Sec782 -- Section 782 No formal requirements for settlement
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=U2= Tit23 -- Title 23 Order
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=U3= Sec783 -- Section 783 Rights derived from an order
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=U3= Sec784 -- Section 784 Acceptance of the order
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=U3= Sec785 -- Section 785 Delivery of the order
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=U3= Sec786 -- Section 786 repealed
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=U3= Sec787 -- Section 787 Order to assume debt
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=U3= Sec788 -- Section 788 Underlying debt relationship
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=U3= Sec789 -- Section 789 Duty of payee to notify
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=U3= Sec790 -- Section 790 Revocation of the order
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=U3= Sec791 -- Section 791 Death or incapacity to contract of a participant
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=U3= Sec792 -- Section 792 Transfer of the order
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=U2= Tit24 -- Title 24 Bearer bond
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=U3= Sec793 -- Section 793 Rights under a bearer bond
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=U3= Sec794 -- Section 794 Liability of the issuer
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=U3= Sec795 -- Section 795 repealed
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=U3= Sec796 -- Section 796 Objections of the issuer
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=U3= Sec797 -- Section 797 Duty to pay only in return for delivery
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=U3= Sec798 -- Section 798 Replacement document
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=U3= Sec799 -- Section 799 Declaration of invalidity
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=U3= Sec800 -- Section 800 Effect of the declaration of invalidity
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=U3= Sec801 -- Section 801 Extinction, limitation
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=U3= Sec802 -- Section 802 Stoppage of payment
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=U3= Sec803 -- Section 803 Interest coupons
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=U3= Sec804 -- Section 804 Loss of interest coupons or similar coupons
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=U3= Sec805 -- Section 805 New interest coupons and annuity coupons
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=U3= Sec806 -- Section 806 Reregistration under name
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=U3= Sec807 -- Section 807 Bearer tickets and stamps
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=U3= Sec808 -- Section 808 Registered securities with bearer clause
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=U2= Tit25 -- Title 25 Presentation of things
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=U3= Sec809 -- Section 809 Inspection of a thing
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=U3= Sec810 -- Section 810 Right to inspect documents
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=U3= Sec811 -- Section 811 Place of presentation , risk and costs
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=U2= Tit26 -- Title 26 Unjust enrichment
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=U3= Sec812 -- Section 812 Claim for restitution
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=U3= Sec813 -- Section 813 Performance notwithstanding defence
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=U3= Sec814 -- Section 814 Knowledge that debt is not owed
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=U3= Sec815 -- Section 815 Non-occurrence of result
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=U3= Sec816 -- Section 816 Disposition by an unauthorised person
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=U3= Sec817 -- Section 817 Breach of law or public policy
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=U3= Sec818 -- Section 818 Scope of the claim to enrichment
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=U3= Sec819 -- Section 819 Increased liability in case of knowledge and breaches of law or public policy
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=U3= Sec820 -- Section 820 Increased liability where the result is uncertain
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=U3= Sec821 -- Section 821 Enrichment defence
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=U3= Sec822 -- Section 822 Restitution duty of third parties
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=U2= Tit27 -- Title 27 Torts
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=U3= Sec823 -- Section 823 Liability in damages
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=U3= Sec824 -- Section 824 Endangering credit
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=U3= Sec825 -- Section 825 Inducing others to sexual acts
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=U3= Sec826 -- Section 826 Intentional damage contrary to public policy
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=U3= Sec827 -- Section 827 Exclusion and reduction of responsibility
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=U3= Sec828 -- Section 828 Minors
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=U3= Sec829 -- Section 829 Liability in damages for reasons of equity
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=U3= Sec830 -- Section 830 Joint tortfeasors and persons involved
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=U3= Sec831 -- Section 831 Liability for vicarious agents
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=U3= Sec832 -- Section 832 Liability of a person with a duty of supervision
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=U3= Sec833 -- Section 833 Liability of animal keeper
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=U3= Sec834 -- Section 834 Liability of animal minder
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=U3= Sec835 -- Section 835 repealed
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=U3= Sec836 -- Section 836 Liability of the owner of a plot of land
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=U3= Sec837 -- Section 837 Liability of building possessor
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=U3= Sec838 -- Section 838 Liability of the person with a duty of maintenance of a building
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=U3= Sec839 -- Section 839 Liability in case of breach of official duty
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=U3= Sec839a -- Section 839a Liability of court-appointed expert
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=U3= Sec840 -- Section 840 Liability of more than one person
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=U3= Sec841 -- Section 841 Compensation for liability of a public official
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=U3= Sec842 -- Section 842 Extent of liability in damages when a person is injured
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=U3= Sec843 -- Section 843 Annuity in money or lump sum settlement
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=U3= Sec844 -- Section 844 Third-party compensation claims in the case of death
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=U3= Sec845 -- Section 845 Compensation claims for lost services
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=U3= Sec846 -- Section 846 Contributory negligence of the injured person
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=U3= Sec847 -- Section 847 repealed
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=U3= Sec848 -- Section 848 Liability for chance in connection with deprivation of a thing
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=U3= Sec849 -- Section 849 Interest on the compensation sum
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=U3= Sec850 -- Section 850 Reimbursement of outlays
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=U3= Sec851 -- Section 851 Compensation payment to unauthorised parties
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=U3= Sec852 -- Section 852 Claim for restitution after end of limitation period
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=U3= Sec853 -- Section 853 Defence of bad faith
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