(1) Where the fulfilment of a testamentary burden becomes impossible as a result of a circumstance for which the person charged is responsible, the person who would benefit directly if the person initially charged ceases to be involved may, in accordance with the provisions on the surrender of unjust enrichment, demand the surrender of the gift to the extent that this gift ought to have been used to fulfil the testamentary burden.
(2) The same applies if the person charged has been ordered by a final and binding judgment to fulfil a testamentary burden which cannot be executed by a third person and the admissible enforcement measures have been applied against them without obtaining a result.