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=U3= Sec2147 -- Section 2147 Person charged with a legacy
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=S=> BGB 2147 The heir or a legatee may be charged with a legacy . Unless the testator provides otherwise , the heir is charged .
=U3= Sec2148 -- Section 2148 More than one person charged with a legacy
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=S=> BGB 2148 If more than one heir or more than one legatee is charged with the same legacy , then in case of doubt the heirs are charged in proportion to their shares of the inheritance , and the legatees in proportion to the value of their legacies .
=U3= Sec2149 -- Section 2149 Legacy for heirs on intestacy
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=S=> BGB 2149 If the testator has provided that an object of the estate is not to pass to the appointed heir , the object is deemed to be left to the heirs on intestacy . The treasury is not one of the heirs on intestacy within the meaning of this provision .
=U3= Sec2150 -- Section 2150 Preferential legacy
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=S=> BGB 2150 A legacy given to an heir ( preferential legacy ) is deemed to be a legacy even if the heir is charged himself .
=U3= Sec2151 -- Section 2151 Right to decide of the person charged or of a third person in the event of more than one person provided for
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=S=> BGB 2151. 1 The testator may give a legacy to more than one person in such a way that the person charged or a third person must decide which of the plurality of persons is to receive the legacy .
=S=> BGB 2151. 2 The decision of the person charged is made by declaration to the person who is to receive the legacy ; the decision of the third person is made by declaration to the person charged .
=S=> BGB 2151. 3 If the person charged or the third person is unable to make a decision , the persons provided for are joint and several creditors . The same applies if , upon application by one of the persons concerned , the probate court specifies a period for the person charged or the third person to make the declaration and the period has passed , unless the declaration is made before then . The person receiving the legacy is , in case of doubt , not obliged to divide the legacy .
=U3= Sec2152 -- Section 2152 Choice of persons provided for
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=S=> BGB 2152 If the testator has given a legacy to more than one person in such a way that only one or the other is to receive the legacy , it is to be presumed that the person charged is to decide which of them is to receive the legacy .
=U3= Sec2153 -- Section 2153 Determination of shares
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=S=> BGB 2153. 1 The testator may give a legacy to more than one person in such a way that the person charged or a third person has to determine what each person is to receive from the object of the legacy . The determination is made in accordance with section 2151 ( 2 ) .
=S=> BGB 2153. 2 If the person charged or the third person is unable to make the decision , then the persons provided for are entitled to equal shares . The provision of section 2151 ( 3 ) sentence 2 applies with the necessary modifications .
=U3= Sec2154 -- Section 2154 Optional legacy
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=S=> BGB 2154. 1 The testator may direct that a legacy be granted in such a way that the person provided for is only to receive one or the other of more than one object . If in such a case the choice is transferred to a third person , it is made by declaration to the person charged .
=S=> BGB 2154. 2 If the third person is unable to make the choice , the right to choose passes to the person charged . The provision of section 2151 ( 3 ) sentence 2 applies with the necessary modifications .
=U3= Sec2155 -- Section 2155 General legacy
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=S=> BGB 2155. 1 If the testator has specified the thing bequeathed only by class , a thing commensurate with the circumstances of the person provided for is to be given .
=S=> BGB 2155. 2 If the person provided for or a third party is entrusted with the specification of the thing , the provisions set out in section 2154 , governing the third party's choice , apply .
=S=> BGB 2155. 3 If the specification made by the person provided for or the third person is evidently not commensurate with the circumstances of the person provided for , the person charged has to execute the legacy as if the testator had not given any directions concerning the specification of the thing .
=U3= Sec2156 -- Section 2156 Legacy for a special purpose
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=S=> BGB 2156 When the testator makes a legacy whose purpose he has specified , the testator may leave the determination of the performance of the legacy to the reasonable discretion of the person charged or of a third party . The provisions of sections 315 to 319 apply with the necessary modifications to such a legacy .
=U3= Sec2157 -- Section 2157 Joint legacy
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=S=> BGB 2157 If the same object is left to more than one person , the provisions of sections 2089 to 2093 apply with the necessary modifications .
=U3= Sec2158 -- Section 2158 Accrual
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=S=> BGB 2158. 1 Where the same object is left to more than one person , then if one of them ceases to be a person provided for before or after the devolution of the inheritance , his share accrues to the other persons provided for in proportion to their shares . This applies even if the testator has specified the shares of the persons provided for . If some of the persons provided for are entitled to the same share , accrual occurs among these persons first .
=S=> BGB 2158. 2 The testator may exclude the accrual .
=U3= Sec2159 -- Section 2159 Independence of the accrual
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=S=> BGB 2159 A share that devolves on a legatee by accrual is , with regard to the legacies and the testamentary burdens with which such legatee or the legatee ceasing to be a legatee is charged , deemed to be a separate legacy .
=U3= Sec2160 -- Section 2160 Prior death of person provided for
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=S=> BGB 2160 A legacy is ineffective if the person provided for is no longer alive at the time of the devolution of the inheritance .
=U3= Sec2161 -- Section 2161 Where the person charged does not inherit
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=S=> BGB 2161 A legacy remains effective , unless it is to be assumed that the testator intended otherwise , if the person charged does not become heir or legatee . In this case , the person charged is the person who benefits directly when the person originally charged does not inherit .
=U3= Sec2162 -- Section 2162 Thirty-year period for a suspended legacy
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=S=> BGB 2162. 1 A legacy that is created subject to a condition precedent or with the specification of a commencement date becomes ineffective at the end of a thirty-year period after the devolution of the inheritance , if the condition has not been satisfied or the date has not arrived before then .
=S=> BGB 2162. 2 If the person provided for has not yet been conceived at the time of the devolution of the inheritance , or if his identity is established by an event that does not happen until after the devolution of the inheritance , then the legacy becomes ineffective at the end of a thirty-year period after the devolution of the inheritance , unless before then the person provided for is conceived or the event that determines his identity has occurred .
=U3= Sec2163 -- Section 2163 Exceptions to the thirty-year period
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=S=> BGB 2163. 1 In the cases of section 2162 , a legacy remains effective even after the expiry of thirty years : if it has been granted in case a particular event occurs in respect of the person charged or the person provided for , and the person or person provided for concerning whom the event is to occur is alive at the time of the devolution of the inheritance ; if an heir , a subsequent heir or a legatee is charged with a legacy in favour of his brother or sister in the event that such a brother or sister is born .
=S=> BGB 2163. 2 If the person charged or the person provided for with regard to whom the event is to occur is a legal person , the period of thirty years applies .
=U3= Sec2164 -- Section 2164 Extension to accessories and claims to compensation
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=S=> BGB 2164. 1 The legacy of a thing extends , in case of doubt , to the accessories existing at the time of the devolution of the inheritance .
=S=> BGB 2164. 2 If the testator has a claim to compensation for the reduction in value , as a result of damage to the thing after the legacy has been created , the legacy extends , in case of doubt , to this claim .
=U3= Sec2165 -- Section 2165 Charges
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=S=> BGB 2165. 1 If an object belonging to the inheritance is bequeathed , the legatee may not , in case of doubt , demand the discharge of the rights with which the object is charged . If the testator is entitled to the discharge , then in case of doubt the legacy extends to this claim .
=S=> BGB 2165. 2 If a plot of land bequeathed is subject to a mortgage , land charge or annuity land charge to which the testator himself is entitled , it is to be inferred from the circumstances whether the mortgage , land charge or annuity land charge is to be deemed a bequeathed with the land .
=U3= Sec2166 -- Section 2166 Charge with a mortgage
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=S=> BGB 2166. 1 If a bequeathed plot of land that is part of the inheritance is charged with a mortgage for a debt of the testator , or for a debt which the testator is obliged to the debtor to settle , the legatee is , in case of doubt , obliged in relation to the heir to satisfy the creditor in good time to the extent that the debt is met by the value of the plot of land . The value is determined according to the date on which the ownership passes to the beneficiary ; it is calculated by deducting the charges that have priority over the mortgage .
=S=> BGB 2166. 2 If a third party is obliged in relation to the testator to settle the debt , the obligation of the legatee exists , in case of doubt , only to the extent that the heir cannot require the third party to effect the discharge .
=S=> BGB 2166. 3 A mortgage of the kind described in section 1190 is not governed by these provisions .
=U3= Sec2167 -- Section 2167 Charge with a blanket mortgage
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=S=> BGB 2167 If , in addition to the bequeathed plot of land , other plots of land belonging to the inheritance are encumbered with the mortgage , the obligation of the legatee specified in section 2166 is , in case of doubt , restricted to the part of the debt that corresponds to the value of the bequeathed plot of land in proportion to the value of all the plots of land . The value is calculated under section 2166 ( 1 ) sentence 2.
=U3= Sec2168 -- Section 2168 Charge with a blanket land charge
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=S=> BGB 2168. 1 If a blanket land charge or a blanket annuity land charge exists over more than one plot of land belonging to an inheritance and if one of these plots of land has been bequeathed , the beneficiary is , in case of doubt , obliged in relation to the heir to satisfy the creditor to the amount of the share of the land charge or the annuity land charge which is proportional to the value that the bequeathed plot of land has compared to the value of all of the plots of land . The value is calculated under section 2166 ( 1 ) sentence 2.
=S=> BGB 2168. 2 Where , in addition to the bequeathed plot of land , a plot of land not belonging to the inheritance is encumbered with a blanket land charge or blanket annuity land charge , the provisions of section 2166 ( 1 ) and of section 2167 apply with the necessary modifications , if at the time of the devolution of the inheritance the testator is obliged , in relation to the owner of the other plot of land , or a predecessor in title of the owner , to satisfy the creditor .
=U3= Sec2168a -- Section 2168a Application to ships , ships under construction and ship mortgages
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=U3= Sec2165 -- Section 2165 ( 2 ) and sections 2166 and 2167 apply with the necessary modifications to registered ships , ships under construction and to ship mortgages . Section 2169
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=S=> BGB 2165 Legacy of foreign objects
=S=> BGB 2165. 1 The legacy of a specific object is ineffective to the extent that the object , at the time of the devolution of the inheritance , does not belong to the inheritance , unless the object is to be bequeathed to the person provided for even in the event that it does not belong to the inheritance .
=S=> BGB 2165. 2 If the testator only had the bequeathed thing in his possession , its possession is , in case of doubt , deemed to be bequeathed , unless it does not grant any legal advantage to the person provided for .
=S=> BGB 2165. 3 If the testator is entitled to a claim to the delivery of the bequeathed object or , if the object was destroyed or taken away from the testator after directions were given concerning the legacy , or to the reimbursement of its value , the claim is , in case of doubt , deemed to be bequeathed .
=S=> BGB 2165. 4 An object does not belong to the inheritance within the meaning of subsection ( 1 ) , if the testator is obliged to sell it .
=U3= Sec2170 -- Section 2170 Legacy to be procured
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=S=> BGB 2170. 1 If the legacy of an object which does not belong to the inheritance at the time of devolution is effective in accordance with section 2169 ( 1 ) , the person charged must procure the object for the person provided for .
=S=> BGB 2170. 2 If the person charged is unable to procure the object , he must pay the value thereof . If the procurement is possible only at disproportionate costs , the person charged can release himself by paying the value .
=U3= Sec2171 -- Section 2171 Impossibility , statutory prohibition
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=S=> BGB 2171. 1 A legacy that is directed at an act of performance that at the time of devolution is impossible for everyone or infringes a statutory prohibition existing at this time is ineffective .
=S=> BGB 2171. 2 The validity of the legacy is not precluded by the impossibility of performance , if the impossibility can be rectified and the legacy is to be bequeathed in the event that performance becomes possible .
=S=> BGB 2171. 3 Where a legacy which is impossible of performance is bequeathed subject to another condition precedent or to commence from a given date , the legacy is valid if the impossibility is rectified before the fulfilment of the condition or the arrival of the date .
=U3= Sec2172 -- Section 2172 Combination , intermixture , mingling of the bequeathed thing
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=S=> BGB 2172. 1 The delivery of a bequeathed thing is also deemed to be impossible if the thing is combined , intermixed or mingled with another thing in such a way that pursuant to sections 946 to 948 the ownership of the other thing extends to it , or co-ownership has arisen , or if it has been processed or transformed in such a manner that pursuant to section 950 the person who produced the new thing has become the owner .
=S=> BGB 2172. 2 Where the combination , intermixture or mingling is carried out by a person other than the testator and where the testator has acquired co-ownership in this way , co-ownership is , in case of doubt , deemed to be bequeathed ; if the testator is entitled to a right to take away the combined thing , this right is , in case of doubt , deemed to be bequeathed . In the case of processing or transformation by a person other than the testator , the provision of section 2169 ( 3 ) remains applicable .
=U3= Sec2173 -- Section 2173 Claim as a legacy
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=S=> BGB 2173 If the testator has bequeathed a claim due to him , then , if the claim is settled before the devolution of the inheritance , and if the object delivered is still in existence as part of the inheritance , it is to be presumed , in case of doubt , that this object is to be bequeathed to the person provided for . If the claim was for the payment of a sum of money , then in case of doubt the appropriate amount of money is deemed to be bequeathed , even if such a sum of money is not available in the inheritance .
=U3= Sec2174 -- Section 2174 Claim arising under a legacy
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=S=> BGB 2174 A legacy creates a right for the person provided for to demand delivery of the bequeathed object from the person charged .
=U3= Sec2175 -- Section 2175 Restoration of extinguished legal relationships
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=S=> BGB 2175 If the testator has bequeathed a claim that he has against the heir , or if he has bequeathed a right with which a thing or a right of the heir is charged , the legal relationships extinguished by the merger of a right and an obligation or of a right and a charge as a result of the devolution of the inheritance are deemed not to have been extinguished in relation to the legacy .
=U3= Sec2176 -- Section 2176 Devolution of the legacy
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=S=> BGB 2176 The claim of the legatee comes into existence ( devolution of the legacy ) on the devolution of the inheritance , notwithstanding the right to disclaim the legacy .
=U3= Sec2177 -- Section 2177 Devolution in the event of a condition or a time limit
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=S=> BGB 2177 If a legacy has been created subject to a condition precedent or with the specification of a commencement date , and if the condition is satisfied or the date arrives only after the devolution of the inheritance , the devolution of the legacy occurs on the satisfaction of the condition or on the arrival of the date .
=U3= Sec2178 -- Section 2178 Devolution in the event of a person provided for not yet conceived or determined
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=S=> BGB 2178 If a person provided for has not yet been conceived at the time of the devolution of the inheritance , or if his identity is to be established by an event occurring only after the devolution of the inheritance , the devolution of the legacy occurs on the date of birth in the former case , on the occurrence of the event in the latter case .
=U3= Sec2179 -- Section 2179 Period of suspense
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=S=> BGB 2179 For the time between the devolution of the inheritance and the devolution of the legacy , the cases set out in sections 2177 and 2178 are governed by the provisions applying to a case where an act of performance is owed subject to a condition precedent .
=U3= Sec2180 -- Section 2180 Acceptance and disclaimer
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=S=> BGB 2180. 1 The legatee can no longer disclaim the legacy after he has accepted it .
=S=> BGB 2180. 2 The acceptance and the disclaimer of the legacy are made by declaration to the person charged . The declaration may be made only after the devolution of the inheritance ; it is ineffective if it is made subject to a condition or a stipulation as to time .
=S=> BGB 2180. 3 The provisions of section 1950 , section 1952 ( 1 ) and ( 3 ) and section 1953 ( 1 ) and ( 2 ) , governing the acceptance or disclaimer of an inheritance , apply with the necessary modifications .
=U3= Sec2181 -- Section 2181 Discretionary due date
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=S=> BGB 2181 If the time to execute the legacy is left to the free discretion of the person charged therewith , then in case of doubt performance becomes due on the death of the person charged .
=U3= Sec2182 -- Section 2182 Warranty for legal defects
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=S=> BGB 2182. 1 If a thing specified only by class is bequeathed , the person charged has the same obligations as a seller under the provisions set out in section 433 ( 1 ) sentence 1 and sections 436 , 452 and 453. He must procure the thing for the legatee free of legal defects within the meaning of section 435. Section 444 applies with the necessary modifications .
=S=> BGB 2182. 2 In case of doubt , the same applies if a particular object which does not belong to the inheritance is bequeathed , notwithstanding the limitation of liability following from section 2170.
=S=> BGB 2182. 3 If a plot of land is the object of the legacy , then in case of doubt the person charged therewith is not responsible for the freedom of the plot of land from easements , restricted personal easements and charges on land .
=U3= Sec2183 -- Section 2183 Warranty for material defects
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=S=> BGB 2183 Where a thing specified only by class is bequeathed , then if the thing delivered is defective , the legatee may demand that he be given a thing free from defects instead of the defective thing . If the person charged has fraudulently concealed a material defect , the legatee may demand damages for nonperformance in lieu of delivery of a thing free from defects . The provisions governing the warranty for defects in a thing sold apply with the necessary modifications to these claims .
=U3= Sec2184 -- Section 2184 Fruits and emoluments
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=S=> BGB 2184 If a particular object belonging to the inheritance is bequeathed , the person charged is also to deliver to the legatee the fruits taken after the devolution of the legacy and whatever else he has acquired by reason of the bequeathed right . The person charged is not obliged to make compensation for emoluments that are not part of the fruits .
=U3= Sec2185 -- Section 2185 Reimbursement of outlays and expenses
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=S=> BGB 2185 If a specific thing belonging to the inheritance is bequeathed , the person charged may demand compensation under the provisions that govern the relationship between the possessor and the owner for the outlays made on the thing after the devolution of the inheritance and for expenses he incurred after the devolution of the inheritance to pay the charges on the thing .
=U3= Sec2186 -- Section 2186 Due date of sublegacy or testamentary burden
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=S=> BGB 2186 If a legatee is charged with a legacy or a testamentary burden , he is not obliged to perform the legacy or testamentary burden until he is entitled to demand the performance of the legacy bequeathed to him .
=U3= Sec2187 -- Section 2187 Liability of the main legatee
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=S=> BGB 2187. 1 A legatee who is charged with a legacy or a testamentary burden may refuse to perform the legacy bequeathed to him even after it has been accepted to the extent that whatever he has received from the legacy is insufficient for performance .
=S=> BGB 2187. 2 If , under section 2161 , another person takes the place of the charged legatee , this person does not have greater liability than the legatee would have .
=S=> BGB 2187. 3 The provisions of section 1992 , governing the liability of the heir , apply with the necessary modifications .
=U3= Sec2188 -- Section 2188 Reduction of the charges
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=S=> BGB 2188 If the performance due to a legatee is reduced on the basis of the limitation of the liability of the heir , on the basis of a claim to a compulsory share or under section 2187 , the legatee may , unless it is to be assumed that the testator intended otherwise , reduce the charges imposed on him in the same proportion .
=U3= Sec2189 -- Section 2189 Directions concerning priority
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=S=> BGB 2189 To provide for the situation where the legacies and testamentary burdens imposed on the heir or a legatee are reduced by reason of the limitation of the liability of the heir , as a result of a claim to a compulsory share , or under sections 2187 and 2188 , the testator may direct by disposition mortis causa that a legacy or a testamentary burden is to have priority over the other charges .
=U3= Sec2190 -- Section 2190 Substitute legatee
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=S=> BGB 2190 If the testator has bequeathed the object of the legacy to another in the case where the original person provided for does not acquire it , the provisions of section 2097 to 2099 , governing appointment of a substitute heir , apply with the necessary modifications .
=U3= Sec2191 -- Section 2191 Subsequent legatee
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=S=> BGB 2191. 1 Where a testator bestows a bequeathed object on a third party at a particular time or upon an event occurring after the devolution of the legacy , the first legatee is deemed to be charged .
=S=> BGB 2191. 2 The provisions of sections 2102 , 2106 ( 1 ) , 2107 and of section 2110 ( 1 ) , governing the appointment of a subsequent heir , apply to the legacy with the necessary modifications .
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