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=U3= Sec1297 -- Section 1297 Non-actionability , nullity of a promise to pay a penalty
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=S=> BGB 1297. 1 No action for the entering into of a marriage may be based on an engagement .
=S=> BGB 1297. 2 The promise to pay a penalty for the eventuality that the marriage is not entered into is void .
=U3= Sec1298 -- Section 1298 Duty of compensation in the case of withdrawal
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=S=> BGB 1298. 1 If an engaged person withdraws from the engagement , he must reimburse the other engaged person and the parents of the other engaged person , and also third parties who acted in place of the parents , for the damage arising from the fact that in expectation of the marriage they incurred outlays or liabilities . He must also compensate the other engaged person for the damage suffered by the latter because in expectation of the marriage he has taken other measures affecting his property or his earnings .
=S=> BGB 1298. 2 The damage is to be compensated for only to the extent that the outlays , the entering into the obligations and the other measures were reasonable in the circumstances .
=S=> BGB 1298. 3 The duty to compensate does not arise if there is a compelling reason for the withdrawal .
=U3= Sec1299 -- Section 1299 Withdrawal by reason of fault of the other party
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=S=> BGB 1299 If one engaged person causes the other to withdraw by reason of the fault of the former , and this fault is a compelling reason for the withdrawal , then under section 1298 ( 1 ) and ( 2 ) he is obliged to pay damages .
=U3= Sec1300 -- Section 1300 repealed
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=U3= Sec1301 -- Section 1301 Return of the presents
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=S=> BGB 1301 If the marriage does not take place , each engaged person may require the other to return what the former gave as a present or as a sign of the engagement , under the provisions on the return of unjust enrichment . In case of doubt it should be assumed that the claim for return is to be excluded if the engagement ends as a result of the death of one of the engaged persons .
=U3= Sec1302 -- Section 1302 Limitation
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=S=> BGB 1302 The claims specified in sections 1298 to 1301 are subject to a two-year limitation period after the breaking off of the engagement .
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