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=S=> BGB 1259 If the owner and pledgee are entrepreneurs , legal persons under public law or special funds under public law , they may agree when the pledge is created , with regard to the realisation of a pledged item that has a stock exchange or market price , that the pledgee may effect the sale privately at its current price himself or through third parties or that the ownership of the thing is to fall to the pledgee when the claim becomes payable . In this case , the claim is deemed to be settled by the owner in the amount of the stock exchange or market price applicable on the due date . Sections 1229 and 1233 to 1239 do not apply .
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