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Deutschmergers Grundwort fehlt
Fachbebietfehlt Trennung: mergers
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BGB 1179a. 1 The creditor of a mortgage may demand of the owner that the owner arranges for the deletion of a mortgage having higher or equal priority if , at the time of registration of the mortgage of the creditor , it is merged with the ownership in one person or such merger occurs subsequently . If , after registration of the mortgage given precedence under sentence 1 , the ownership passed to another by way of singular succession , each owner is obliged to delete with regard to the mergers existing at the time of his ownership . The claim for deletion is secured in the same way as if a priority notice had been entered in the Land Register for its security at the same time as the mortgage given precedence .
BGB 1179a. 2 The deletion of a mortgage which is merged with the ownership in one person under section 1163 ( 1 ) sentence 1 may not be demanded under subsection ( 1 ) unless it appears that the claim to be secured will no longer come into existence ; however , the claim for deletion is available from this point of time on with regard to the mergers existing beforehand . A claim under subsection ( 1 ) is not constituted by the merger of a mortgage with ownership in accordance with section 1163 ( 2 ) .
BGB 1179a. 5 If the creditor of a mortgage has a claim to deletion under the above provisions , it may be agreed that the exclusion of this claim is part of the contents of the mortgage ; the exclusion may be restricted to a specific case of merger . The exclusion is to be stated in the Land Register with a designation of the mortgages which are wholly or partially exempted from the claim for deletion ; if the exclusion has not been agreed for every case of merger , then , in order to define specifically the cases involved , reference may be made to the approval of registration . If the exclusion is cancelled , no claims for deletion arise from this for mergers which existed only prior to the cancellation .
BGB 1196. 3 A claim for deletion of the land charge in accordance with section 1179a or section 1179b exists only for such mergers of the land charge and the ownership in one person as occur after the land charge has belonged to a person other than the owner .