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=U3= Sec2192 -- Section 2192 Applicable provisions
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=S=> BGB 2192 A testamentary burden is governed , with the necessary modifications , by the provisions set out in sections 2065 , 2147 , 2148 , 2154 to 2156 , 2161 , 2171 and 2181 that apply to testamentary gifts .
=U3= Sec2193 -- Section 2193 Appointment of the beneficiary , period for fulfilment
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=S=> BGB 2193. 1 The testator , upon making a testamentary burden whose purpose of which he has specified , can leave it to the person charged or to a third party to determine the person to whom performance is to be rendered .
=S=> BGB 2193. 2 Where the person charged has the right of determination , and where he has been ordered by a final judgment to fulfil the testamentary burden , the plaintiff may specify a reasonable period of time for him to fulfil the testamentary burden ; after the expiry of the period of time the plaintiff is entitled to make the determination if the fulfilment is not effected in good time .
=S=> BGB 2193. 3 If a third party has the right of determination , it is exercised by declaration to the person charged . If the third person is unable to make such a determination , the right of determination passes to the person charged . The provision under section 2151 ( 3 ) sentence 2 applies with the necessary modifications ; those concerned within the meaning of this provision include the person charged and those entitled to demand the fulfilment of the testamentary burden .
=U3= Sec2194 -- Section 2194 Claim for fulfilment
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=S=> BGB 2194 The fulfilment of a testamentary burden may be demanded by an heir , a co-heir and any person who would directly benefit from the end of the involvement of the person initially charged with the testamentary burden . If the fulfilment is in the public interest , the public authority responsible may also demand fulfilment .
=U3= Sec2195 -- Section 2195 Relationship between testamentary burden and gift
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=S=> BGB 2195 The ineffectiveness of a testamentary burden results in the ineffectiveness of the gift made under the testamentary burden only if it is to be presumed that the testator would not have made the gift without the testamentary burden .
=U3= Sec2196 -- Section 2196 Impossibility of fulfilment
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=S=> BGB 2196. 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 return of unjust enrichment , demand the delivery of the gift to the extent that this gift should have been used to fulfil the testamentary burden .
=S=> BGB 2196. 2 The same applies if the person charged has been ordered by a final and absolute judgment to fulfil a testamentary burden which cannot be executed by a third person and the admissible enforcement measures have been applied to him without success .
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