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=S=> BGB 936. 1 If an alienated thing is encumbered with the right of a third party , the right is extinguished on the acquisition of ownership . In the case of section 929 sentence 2 , however , this applies only if the acquirer had obtained possession from the alienor . If the disposal is made under section 929a or 930 , or if the thing alienated under section 931 was not in the indirect possession of the alienor , the right of the third party is extinguished only when the acquirer obtains possession of the thing as a result of the disposal .
=S=> BGB 936. 2 The right of the third party is not extinguished if the acquirer , at the time conclusive under subsection 1 above , is not in good faith with regard to the right .
=S=> BGB 936. 3 If , in the case of section 931 , the right belongs to the third party possessor , it is not extinguished even with regard to a good faith acquirer .
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