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Restitution claims (Rückgewähransprüche)

The debtor can demand the restitution of a land charge. If he has secured his real estate financing with a land charge. When the loan to be secured has been repaid, he can get the land charge back. This can be done by transferring the land charge (§ 1192 para. 1, 1154 BGB), waiving the land charge (§§ 1192 para. 1, 1168 BGB) or by cancelling the land charge (§§ 1192 para. 1, 875, 1183 BGB). The claim is assignable and attachable. It can be assigned to subordinate creditors already when the land charge is created, which corresponds to the usual practice in business transactions between credit institutions.

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