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Book 2 · Law of obligations  ›  Subtitle 1 · Rescission › Section 347

Emoluments and outlays after rescission

(1) If the obligor fails to take emoluments contrary to the rules of proper management although they could have done so, then they are obliged to compensate the obligee for the value. In the case of a statutory right of rescission, the person entitled is to be responsible, with regard to emoluments, only for the care that they customarily exercise in their own affairs.

(2) If the obligor returns the object or provides compensation for the value or if their duty to compensate for value under section 346 (3) no. 1 or 2 is excluded, they are to be reimbursed for their necessary outlays. Other expenditures are to be reimbursed to the extent that the obligee is enriched by them.

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