90
=S=> BGB 2183 Where a thing specified only by class is bequeathed , then if the thing delivered is defective , the legatee may demand that he be given a thing free from defects instead of the defective thing . If the person charged has fraudulently concealed a material defect , the legatee may demand damages for nonperformance in lieu of delivery of a thing free from defects . The provisions governing the warranty for defects in a thing sold apply with the necessary modifications to these claims .
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