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=U2= Tit1 -- Title 1 Natural persons , consumers , entrepreneurs
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=U3= Sec1 -- Section 1 Beginning of legal capacity
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=S=> BGB 1 The legal capacity of a human being begins on the completion of birth .
=U3= Sec2 -- Section 2 Beginning of majority
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=S=> BGB 2 Majority begins at the age of eighteen .
=U3= Sec3-6 -- Sections 3 - 6 repealed
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=U3= Sec7 -- Section 7 Residence ; establishment and termination
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=S=> BGB 7. 1 A person who settles permanently in a place establishes his residence in that place .
=S=> BGB 7. 2 There may be a residence in more than one place at the same time .
=S=> BGB 7. 3 Residence is terminated if the person abandons the place of residence with the intention of giving it up .
=U3= Sec8 -- Section 8 Residence of persons who lack full capacity to contract
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=S=> BGB 8. 1 A person who is not capable of contracting or who has limited capacity to contract can neither establish nor terminate residence without the consent of his legal representative .
=S=> BGB 8. 2 A minor who is or has been married may independently establish and terminate residence .
=U3= Sec9 -- Section 9 Residence of a soldier
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=S=> BGB 9. 1 A soldier has his residence in his garrison . The residence of a soldier who has no garrison within the country is deemed to be his last garrison within the country .
=S=> BGB 9. 2 These provisions do not apply to soldiers who are merely doing compulsory military service or who cannot independently establish residence .
=U3= Sec10 -- Section 10 repealed
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=U3= Sec11 -- Section 11 Residence of a child
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=S=> BGB 11 A minor child shares the residence of its parents ; it does not share the residence of a parent who lacks the right to care for the person of the child . If neither parent has the right to care for the person of the child , the child shares the residence of the person who has this right . The child retains the residence until it validly abandons it .
=U3= Sec12 -- Section 12 Right to a name
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=S=> BGB 12 If the right of a person to use a name is disputed by another person , or if the interest of the person entitled to the name is injured by the unauthorised use of the same name by another person , the person entitled may require the other to remove the infringement . If further infringements are to be feared , the person entitled may seek a prohibitory injunction .
=U3= Sec13 -- Section 13 Consumer* )
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=S=> BGB 13 A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade , business or profession .
=S=> BGB 13.* ) Official note : These provisions serve to implement the directives set out above under numbers 3 , 4 , 6 , 7 , 9 and 11.
=U3= Sec14 -- Section 14 Entrepreneur* )
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=S=> BGB 14. 1 An entrepreneur means a natural or legal person or a partnership with legal personality who or which , when entering into a legal transaction , acts in exercise of his or its trade , business or profession .
=S=> BGB 14. 2 A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities .
=S=> BGB 14.* ) Official note : These provisions serve to implement the directives set out above under numbers 3 , 4 , 6 , 7 , 9 and 11.
=U3= Sec15-20 -- Sections 15 - 20 repealed
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=U2= Tit2 -- Title 2 Legal persons
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=U3= UTit1 -- Subtitle 1 Associations
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=U4= Kap1 -- Chapter 1 General provisions
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=U4= Kap2 -- Chapter 2 Registered associations
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=U3= UTit2 -- Subtitle 2 Foundations
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=U4= Sec80 -- Section 80 Formation of a foundation having legal personality
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=U4= Sec81 -- Section 81 Endowment transaction
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=U4= Sec82 -- Section 82 Duty of founder to make transfers
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=U4= Sec83 -- Section 83 Testamentary foundation
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=U4= Sec84 -- Section 84 Recognition after the death of the founder
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=U4= Sec85 -- Section 85 Constitution of foundation
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=U4= Sec86 -- Section 86 Application of law on associations
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=U4= Sec87 -- Section 87 Change of objects ; termination
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=U4= Sec88 -- Section 88 Devolution of property
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=U3= UTit3 -- Subtitle 3 Legal persons under public law
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=U4= Sec89 -- Section 89 Liability for organs ; insolvency
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=U2= Sec90 -- Section 90 Concept of the thing
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=S=> BGB 90 Only corporeal objects are things as defined by law .
=U2= Sec90a -- Section 90a Animals
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=S=> BGB 90a Animals are not things . They are protected by special statutes . They are governed by the provisions that apply to things , with the necessary modifications , except insofar as otherwise provided .
=U2= Sec91 -- Section 91 Fungible things
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=S=> BGB 91 Fungible things as defined by law are movable things that in business dealings are customarily specified by number , measure or weight .
=U2= Sec92 -- Section 92 Consumable things
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=S=> BGB 92. 1 Consumable things as defined by law are movable things whose intended use consists in consumption or in disposal .
=S=> BGB 92. 2 Movable things are also regarded as consumable if they are part of a warehouse store or another aggregate of things whose intended use is the disposal of the individual things .
=U2= Sec93 -- Section 93 Essential parts of a thing
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=S=> BGB 93 Parts of a thing that cannot be separated without one or the other being destroyed or undergoing a change of nature ( essential parts ) cannot be the subject of separate rights .
=U2= Sec94 -- Section 94 Essential parts of a plot of land or a building
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=S=> BGB 94. 1 The essential parts of a plot of land include the things firmly attached to the land , in particular buildings , and the produce of the plot of land , as long as it is connected with the land . Seed becomes an essential part of the plot of land when it is sown , and a plant when it is planted .
=S=> BGB 94. 2 The essential parts of a building include the things inserted in order to construct the building .
=U2= Sec95 -- Section 95 Merely temporary purpose
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=S=> BGB 95. 1 The parts of a plot of land do not include things that are connected with the land only for a temporary purpose . The same applies to a building or other structure that is connected with a plot of land belonging to another by a person exercising a right over that land .
=S=> BGB 95. 2 Things that are inserted into a building for a temporary purpose are not parts of the building .
=U2= Sec96 -- Section 96 Rights as parts of a plot of land
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=S=> BGB 96 Rights that are connected with the ownership of a plot of land are regarded as parts of the plot of land .
=U2= Sec97 -- Section 97 Accessories
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=S=> BGB 97. 1 Accessories are movable things that , without being parts of the main thing , are intended to serve the economic purpose of the main thing and are in a spatial relationship to it that corresponds to this intention . A thing is not an accessory if it is not regarded as an accessory in business dealings .
=S=> BGB 97. 2 The temporary use of a thing for the economic purpose of another thing does not give it the quality of an accessory . The temporary separation of an accessory from the main thing does not deprive it of the quality of an accessory .
=U2= Sec98 -- Section 98 Commercial and agricultural inventory
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=S=> BGB 98 The following are intended to serve the economic purpose of the main thing : in the case of a building that is permanently equipped for commercial operations , in particular a mill , a smithy , a brewery or a factory , the machinery and other equipment intended for the business , in the case of a farm , the equipment and livestock intended for the commercial operations , the agricultural produce , to the extent that it is necessary to continue the farming until the time when it is expected that the same or similar produce will be obtained , and manure produced on the farm .
=U2= Sec99 -- Section 99 Fruits
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=S=> BGB 99. 1 Fruits of a thing are the products of the thing and the other yield obtained from the thing in accordance with its intended use .
=S=> BGB 99. 2 Fruits of a right are the proceeds that the right produces in accordance with its intended use , in particular , in the case of a right to extract component parts of the soil , the parts extracted .
=S=> BGB 99. 3 Fruits are also the proceeds supplied by a thing or a right by virtue of a legal relationship .
=U2= Sec100 -- Section 100 Emoluments
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=S=> BGB 100 Emoluments are the fruits of a thing or of a right and the benefits that the use of the thing or the right affords .
=U2= Sec101 -- Section 101 Division of fruits
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=S=> BGB 101 If a person is entitled to receive the fruits of a thing or of a right until a particular time or from a particular time on , he is entitled to the following , unless otherwise provided : the products and parts stated in section 99 ( 1 ) , even if he is to receive them as the fruits of a right , to the extent that they are separated from the thing during the period of entitlement , other fruits to the extent that they are due during the period of entitlement ; however , if the fruits consist in remuneration for permission of use or of enjoyment of fruits and benefits , in interest , in profit shares or other periodically paid income , the person entitled has a right to a share corresponding to the duration of his entitlement .
=U2= Sec102 -- Section 102 Reimbursement of costs of production
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=S=> BGB 102 A person who has a duty to hand over fruits may claim reimbursement of the costs of producing the fruits to the extent that they reflect proper business practices and do not exceed the value of the fruits .
=U2= Sec103 -- Section 103 Allocation of charges
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=S=> Division 3 Legal transactions
=U2= Tit1 -- Title 1 Capacity to contract
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=U3= Sec104 -- Section 104 Incapacity to contract
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=S=> BGB 104 A person is incapable of contracting if he is not yet seven years old , he is in a state of pathological mental disturbance , which prevents the free exercise of will , unless the state by its nature is a temporary one .
=U3= Sec105 -- Section 105 Voidness of declaration of intent
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=S=> BGB 105. 1 The declaration of intent of a person incapable of contracting is void .
=S=> BGB 105. 2 Also void is a declaration of intent that is made in a state of unconsciousness or temporary mental disturbance .
=U3= Sec105a -- Section 105a Everyday transactions
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=S=> BGB 105a If a person of full age incapable of contracting enters into an everyday transaction that can be effected with funds of low value , the contract he enters into is regarded as effective with regard to performance and , if agreed , consideration , as soon as performance has been effected and consideration rendered . Sentence 1 above does not apply in the case of considerable danger to the person or the property of the person incapable of contracting .
=U3= Sec106 -- Section 106 Limited capacity for minors to contract
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=S=> BGB 106 A minor who has reached the age of seven has limited capacity to contract under sections 107 to 113.
=U3= Sec107 -- Section 107 Consent of legal representative
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=S=> BGB 107 For a declaration of intent as a result of which he does not receive only a legal benefit , a minor requires the consent of his legal representative .
=U3= Sec108 -- Section 108 Entry into a contract without consent
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=S=> BGB 108. 1 If the minor enters into a contract without the necessary consent of the legal representative , the effectiveness of the contract is subject to the ratification of the legal representative .
=S=> BGB 108. 2 If the other party requests the representative to declare his ratification , the declaration can only be made to the other party ; a declaration or refusal of ratification made to the minor before the request of the other party is ineffective . The ratification may only be declared before the expiry of two weeks after receipt of the demand ; if ratification is not declared , it is considered to have been refused .
=S=> BGB 108. 3 If the minor has become fully capable of contracting , the ratification of the minor takes the place of the ratification of the representative .
=U3= Sec109 -- Section 109 Right of revocation of the other party
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=S=> BGB 109. 1 Until the contract is ratified , the other party is entitled to revoke it . Declaration of revocation may also be made to the minor .
=S=> BGB 109. 2 If the other party realised that he was dealing with a minor , he may revoke the contract only if the minor untruthfully stated that the legal representative had given consent ; he may not revoke in this case either if , when the contract was entered into , he had notice of the lack of consent .
=U3= Sec110 -- Section 110 Payment by minor with own means
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=S=> BGB 110 A contract entered into by the minor without the approval of the legal representative is deemed effective from the beginning if the minor effects performance under the contract with means that were given to him for this purpose or for free disposal by the legal representative or by a third party with the ratification of the representative .
=U3= Sec111 -- Section 111 Unilateral legal transactions
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=S=> BGB 111 A unilateral legal transaction that a minor undertakes without the necessary consent of the legal representative is ineffective . If the minor undertakes such a legal transaction with regard to another person with this consent , the legal transaction is ineffective if the minor does not present the consent in writing and the other person rejects the legal transaction for this reason without undue delay . Rejection is not possible if the representative had given the other person notice of the consent .
=U3= Sec112 -- Section 112 Independent operation of a trade or business
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=S=> BGB 112. 1 If the legal representative , with the ratification of the family court , authorises the minor to operate a trade or business independently , the minor has unlimited capacity to contract for such transactions as the business operations entail . Legal transactions are excluded for which the representative needs the ratification of the family court .
=S=> BGB 112. 2 The authorisation may be withdrawn by the legal representative only with the ratification of the family court .
=U3= Sec113 -- Section 113 Service or employment relationship
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=S=> BGB 113. 1 If the legal representative authorises the minor to enter service or employment , the minor has unlimited capacity to enter into transactions that relate to entering or leaving service or employment of the permitted nature or performing the duties arising from such a relationship . Contracts are excluded for which the legal representative needs the ratification of the family court .
=S=> BGB 113. 2 The authorisation may be withdrawn or restricted by the legal representative .
=S=> BGB 113. 3 If the legal representative is a guardian , the authorisation , if he refuses it , may , on the application of the minor , be replaced by the family court . The family court must give substitute authorisation if it is in the interest of the ward .
=S=> BGB 113. 4 The authorisation given for an individual case is in the case of doubt deemed to be general authorisation to enter into relationships of the same kind .
=U3= Sec114 , -
-- Sections 114 , 115 repealed
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=U2= Tit2 -- Title 2 Declaration of intent
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=U3= Sec116 -- Section 116 Mental reservation
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=S=> BGB 116 A declaration of intent is not void by virtue of the fact that the person declaring has made a mental reservation that he does not want the declaration made . The declaration is void if it is to be made to another person who knows of the reservation .
=U3= Sec117 -- Section 117 Sham transaction
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=S=> BGB 117. 1 If a declaration of intent that is to be made to another person is , with his consent , only made for the sake of appearance , it is void .
=S=> BGB 117. 2 If a sham transaction hides another legal transaction , the provisions applicable to the hidden transaction apply .
=U3= Sec118 -- Section 118 Lack of seriousness
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=S=> BGB 118 A declaration of intent not seriously intended which is made in the expectation that its lack of serious intention will not be misunderstood is void .
=U3= Sec119 -- Section 119 Voidability for mistake
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=S=> BGB 119. 1 A person who , when making a declaration of intent , was mistaken about its contents or had no intention whatsoever of making a declaration with this content , may avoid the declaration if it is to be assumed that he would not have made the declaration with knowledge of the factual position and with a sensible understanding of the case .
=S=> BGB 119. 2 A mistake about such characteristics of a person or a thing as are customarily regarded as essential is also regarded as a mistake about the content of the declaration .
=U3= Sec120 -- Section 120 Voidability for incorrect transmission
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=S=> BGB 120 A declaration of intent that has been incorrectly transmitted by the person or facilities used for its transmission may be avoided subject to the same condition as a declaration of intent made by mistake may be avoided under section 119.
=U3= Sec121 -- Section 121 Period for avoidance
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=S=> BGB 121. 1 Avoidance must be effected , in the cases set out in sections 119 and 120 , without culpable delay ( without undue delay ) after the person entitled to avoid obtains knowledge of the ground for avoidance . Avoidance made to an absent person is regarded as effected in good time if the declaration of avoidance is forwarded without undue delay .
=S=> BGB 121. 2 Avoidance is excluded if ten years have passed since the declaration of intent was made .
=U3= Sec122 -- Section 122 Liability in damages of the person declaring avoidance
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=S=> BGB 122. 1 If a declaration of intent is void under section 118 , or avoided under sections 119 and 120 , the person declaring must , if the declaration was to be made to another person , pay damages to this person , or failing this to any third party , for the damage that the other or the third party suffers as a result of his relying on the validity of the declaration ; but not in excess of the total amount of the interest which the other or the third party has in the validity of the declaration .
=S=> BGB 122. 2 A duty to pay damages does not arise if the injured person knew the reason for the voidness or the voidability or did not know it as a result of his negligence ( ought to have known it ) .
=U3= Sec123 -- Section 123 Voidability on the grounds of deceit or duress
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=S=> BGB 123. 1 A person who has been induced to make a declaration of intent by deceit or unlawfully by duress may avoid his declaration .
=S=> BGB 123. 2 If a third party committed this deceit , a declaration that had to be made to another may be avoided only if the latter knew of the deceit or ought to have known it . If a person other than the person to whom the declaration was to be made acquired a right as a direct result of the declaration , the declaration made to him may be avoided if he knew or ought to have known of the deceit .
=U3= Sec124 -- Section 124 Period for avoidance
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=S=> BGB 124. 1 The avoidance of a declaration of intent voidable under section 123 may be effected only within one year .
=S=> BGB 124. 2 In the case of deceit , the period commences at the time when the person entitled to avoid discovers the deceit , and in case of duress , from the time when the duress stops . The provisions in sections 206 , 210 and 211 applicable to limitation apply with the necessary modifications to the running of the period .
=S=> BGB 124. 3 Avoidance is barred , if ten years have passed since the declaration of intent was made .
=U3= Sec125 -- Section 125 Voidness resulting from a defect of form
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=S=> BGB 125 A legal transaction that lacks the form prescribed by statute is void . In case of doubt , lack of the form specified by legal transaction also results in voidness .
=U3= Sec126 -- Section 126 Written form
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=S=> BGB 126. 1 If written form is prescribed by statute , the document must be signed by the issuer with his name in his own hand , or by his notarially certified initials .
=S=> BGB 126. 2 In the case of a contract , the signature of the parties must be made on the same document . If more than one counterpart of the contract is drawn up , it suffices if each party signs the document intended for the other party .
=S=> BGB 126. 3 Written form may be replaced by electronic form , unless the statute leads to a different conclusion .
=S=> BGB 126. 4 Notarial recording replaces the written form .
=U3= Sec126a -- Section 126a Electronic form
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=S=> BGB 126a. 1 If electronic form is to replace the written form prescribed by law , the issuer of the declaration must add his name to it and provide the electronic document with a qualified electronic signature in accordance with the Electronic Signature Act [ Signaturgesetz ] .
=S=> BGB 126a. 2 In the case of a contract , the parties must each provide a counterpart with an electronic signature as described in subsection ( 1 ) .
=U3= Sec126b -- Section 126b Text form
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=S=> BGB 126b If text form is prescribed by law , the declaration must be made in a document or in another manner suitable for its permanent reproduction in writing , the person making the declaration must be named and the completion of the declaration must be shown through the reproduction of a signature of the name or otherwise .
=U3= Sec127 -- Section 127 Agreed form
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=S=> BGB 127. 1 The provisions under sections 126 , 126a or 126b also apply , in case of doubt , to the form specified by legal transaction .
=S=> BGB 127. 2 For compliance with the written form required by legal transaction , unless a different intention is to be assumed , it suffices if the message is transmitted by way of telecommunications and , in the case of a contract , by the exchange of letters . If such a form is chosen , notarial recording in accordance with section 126 may be demanded subsequently .
=S=> BGB 127. 3 For compliance with the electronic form required by legal transaction , unless a different intention is to be assumed , an electronic signature other than provided for in section 126a also suffices and , in the case of a contract , the exchange of a declaration of an offer and of acceptance which are each provided with an electronic signature . If such a form is chosen , an electronic signature in accordance with section 126a may be demanded subsequently , or if this is not possible for one of the parties , notarial recording in compliance with section 126.
=U3= Sec127a -- Section 127a Court settlement
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=S=> BGB 127a In the event of a court settlement , the recording of declarations in a court record drawn up in accordance with the provisions under the Code of Civil Procedure [ Zivilprozessordnung ] replaces notarial recording .
=U3= Sec128 -- Section 128 Notarial recording
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=S=> BGB 128 If the notarial recording of a contract is prescribed by statute , it suffices if first the offer and then the acceptance of the offer is recorded by a notary .
=U3= Sec129 -- Section 129 Official certification
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=S=> BGB 129. 1 If the official certification of a declaration is prescribed by law , the declaration must be put in writing and the signature of the person declaring be certified by a notary . If the declaration is signed by the issuer making his mark , the certification of the initials provided for in section 126 ( 1 ) is necessary and sufficient .
=S=> BGB 129. 2 The notarial recording of the declaration replaces the official certification .
=U3= Sec130 -- Section 130 Effectiveness of a declaration of intent to absent parties
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=S=> BGB 130. 1 A declaration of intent that is to be made to another becomes effective , if made in his absence , at the point of time when this declaration reaches him . It does not become effective if a revocation reaches the other previously or at the same time .
=S=> BGB 130. 2 The effectiveness of a declaration of intent is not affected if the person declaring dies or loses capacity to contract after making a declaration .
=S=> BGB 130. 3 These provisions apply even if the declaration of intent is to be made to a public authority .
=U3= Sec131 -- Section 131 Effectiveness in relation to persons without full capacity to contract
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=S=> BGB 131. 1 If a declaration of intent is made to a person incapable of contracting , it does not become effective until it has reached his legal representative .
=S=> BGB 131. 2 The same applies if the declaration of intent is made to a person with limited capacity to contract . If , however , the declaration merely provides a legal advantage to the person with limited capacity to contract , or if the legal representative has given his consent , the declaration becomes effective at the time when it reaches the person with limited capacity .
=U3= Sec132 -- Section 132 Substitution of service for receipt
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=S=> BGB 132. 1 A declaration of intent is also deemed to have been received if it is served through a bailiff as intermediary . The service is effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] .
=S=> BGB 132. 2 If the person declaring is unaware , through no negligence on his part , of the identity of the person to whom the declaration is to be made , or if the whereabouts of this person are unknown , service may be effected in accordance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] relating to service by publication . In the former case , the local court [ Amtsgericht ] competent for the approval is the one in whose district the person declaring has his residence , or in the absence of a residence within the country , his abode ; in the latter case , the local court [ Amtsgericht ] competent for the approval is the one in the district of which the person to whom service is required to be effected had his last residence , or , in the absence of a residence within the country , his last abode .
=U3= Sec133 -- Section 133 Interpretation of a declaration of intent
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=S=> BGB 133 When a declaration of intent is interpreted , it is necessary to ascertain the true intention rather than adhering to the literal meaning of the declaration .
=U3= Sec134 -- Section 134 Statutory prohibition
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=S=> BGB 134 A legal transaction that violates a statutory prohibition is void , unless the statute leads to a different conclusion .
=U3= Sec135 -- Section 135 Statutory prohibition of disposal
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=S=> BGB 135. 1 If the disposition of a thing violates a statutory prohibition against disposal intended solely for the protection of particular persons , the disposition is ineffective only in relation to these persons . A disposition by legal transaction is equivalent to a disposition which is effected by means of execution or attachment .
=S=> BGB 135. 2 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications .
=U3= Sec136 -- Section 136 Official prohibition of disposal
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=S=> BGB 136 A prohibition of disposal which is issued by a court or by any other public authority within the limits of its competence is equivalent to a statutory prohibition of disposal of the kind described in section 135.
=U3= Sec137 -- Section 137 Prohibition of dispositions in a legal transaction
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=S=> BGB 137 The power to dispose of an alienable right may not be excluded or restricted by a legal transaction . This effectiveness of an obligation not to dispose of such a right is not affected by this provision .
=U3= Sec138 -- Section 138 Legal transaction contrary to public policy ; usury
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=S=> BGB 138. 1 A legal transaction which is contrary to public policy is void .
=S=> BGB 138. 2 In particular , a legal transaction is void by which a person , by exploiting the predicament , inexperience , lack of sound judgement or considerable weakness of will of another , causes himself or a third party , in exchange for an act of performance , to be promised or granted pecuniary advantages which are clearly disproportionate to the performance .
=U3= Sec139 -- Section 139 Partial invalidity
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=S=> BGB 139 If a part of a legal transaction is void , then the entire legal transaction is void , unless it is to be assumed that it would have been undertaken even without the void part .
=U3= Sec140 -- Section 140 Re-interpretation
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=S=> BGB 140 If a void legal transaction fulfils the requirements of another legal transaction , then the latter is deemed to have been entered into , if it may be assumed that its validity would be intended if there were knowledge of the invalidity .
=U3= Sec141 -- Section 141 Confirmation of a void legal transaction
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=S=> BGB 141. 1 If a void legal transaction is confirmed by the person who undertook it , the confirmation is to be seen as a renewed undertaking .
=S=> BGB 141. 2 If a void contract is confirmed by the parties , then in case of doubt they are obliged to grant to each other what they would have granted if the contract had been valid from the beginning .
=U3= Sec142 -- Section 142 Effect of avoidance
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=S=> BGB 142. 1 If a voidable legal transaction is avoided , it is to be regarded as having been void from the outset .
=S=> BGB 142. 2 A person who knew or ought to have known of the possibility of avoidance is treated , in case of avoidance , as if he had known or ought to have known of the invalidity of the legal transaction .
=U3= Sec143 -- Section 143 Declaration of avoidance
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=S=> BGB 143. 1 Avoidance is effected by declaration to the opponent .
=S=> BGB 143. 2 The opponent is , in the case of a contract , the other party to the contract and , in the case of section 123 ( 2 ) sentence 2 , the person who has acquired a right directly under the contract .
=S=> BGB 143. 3 In the case of a unilateral legal transaction which was to be undertaken in relation to another person , the other person is the opponent . The same applies to a legal transaction that is required to be undertaken in relation to another person or to a public authority , even if the legal transaction has already been undertaken in relation to the authority .
=S=> BGB 143. 4 In the case of any other kind of unilateral legal transaction , the person who has received a legal advantage directly on the basis of the legal transaction is the opponent . The avoidance may , however , if the declaration of intent was to be made to a public authority , be made by declaration to the authority ; the authority should inform the person who was directly affected by the legal transaction of the avoidance .
=U3= Sec144 -- Section 144 Confirmation of a voidable legal transaction
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=S=> BGB 144. 1 Avoidance is excluded , if the voidable legal transaction is confirmed by the person entitled to avoid .
=S=> BGB 144. 2 The confirmation does not require the form prescribed for the legal transaction .
=U2= Tit3 -- Title 3 Contract
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=U3= Sec145 -- Section 145 Binding effect of an offer
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=S=> BGB 145 Any person who offers to another to enter into a contract is bound by the offer , unless he has excluded being bound by it .
=U3= Sec146 -- Section 146 Expiry of an offer
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=S=> BGB 146 An offer expires if a refusal is made to the offeror , or if no acceptance is made to this person in good time in accordance with sections 147 to 149.
=U3= Sec147 -- Section 147 Period for acceptance
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=S=> BGB 147. 1 An offer made to a person who is present may only be accepted immediately . This also applies to an offer made by one person to another using a telephone or another technical facility .
=S=> BGB 147. 2 An offer made to a person who is absent may be accepted only until the time when the offeror may expect to receive the answer under ordinary circumstances .
=U3= Sec148 -- Section 148 Fixing a period for acceptance
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=S=> BGB 148 If the offeror has determined a period of time for the acceptance of an offer , the acceptance may only take place within this period .
=U3= Sec149 -- Section 149 Late receipt of a declaration of acceptance
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=S=> BGB 149 If a declaration of acceptance received late by the offeror was sent in such a way that it would have reached him in time if it had been forwarded in the usual way , and if the offeror ought to have recognised this , he must notify the acceptor of the delay after receipt of the declaration without undue delay , unless this has already been done . If he delays the sending of the notification , the acceptance is deemed not to be late .
=U3= Sec150 -- Section 150 Late and altered acceptance
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=S=> BGB 150. 1 The late acceptance of an offer is considered to be a new offer .
=S=> BGB 150. 2 An acceptance with expansions , restrictions or other alterations is deemed to be a rejection combined with a new offer .
=U3= Sec151 -- Section 151 Acceptance without declaration to the offeror
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=S=> BGB 151 A contract comes into existence through the acceptance of the offer without the offeror needing to be notified of acceptance , if such a declaration is not to be expected according to customary practice , or if the offeror has waived it . The point of time when the offer expires is determined in accordance with the intention of the offeror , which is to be inferred from the offer or the circumstances .
=U3= Sec152 -- Section 152 Acceptance by notarial recording
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=S=> BGB 152 If a contract is notarially recorded without both parties being present at the same time , the contract comes into existence , unless otherwise provided , on the recording of acceptance effected in accordance with section 128. The provision of section 151 sentence 2 applies .
=U3= Sec153 -- Section 153 Death or incapacity to contract of the offeror
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=S=> BGB 153 The coming into existence of the contract is not prevented by the offeror dying or losing capacity to contract before acceptance , unless a different intention of the offeror is to be presumed .
=U3= Sec154 -- Section 154 Overt lack of agreement ; lack of notarial recording
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=S=> BGB 154. 1 As long as the parties have not yet agreed on all points of a contract on which an agreement was required to be reached according to the declaration even of only one party , the contract is , in case of doubt , not entered into . An agreement on individual points is not legally binding even if they have been recorded .
=S=> BGB 154. 2 If notarial recording of the contract contemplated has been arranged , the contract is , in case of doubt , not entered into until the recording has taken place .
=U3= Sec155 -- Section 155 Hidden lack of agreement
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=S=> BGB 155 If the parties to a contract which they consider to have been entered into have , in fact , not agreed on a point on which an agreement was required to be reached , whatever is agreed is applicable if it is to be assumed that the contract would have been entered into even without a provision concerning this point .
=U3= Sec156 -- Section 156 Entry into contracts at auctions
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=S=> BGB 156 At an auction , a contract is not entered into until the fall of the hammer . A bid lapses if a higher bid is made , or if the auction is closed without the fall of the hammer .
=U3= Sec157 -- Section 157 Interpretation of contracts
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=S=> BGB 157 Contracts are to be interpreted as required by good faith , taking customary practice into consideration .
=U2= Tit4 -- Title 4 Conditions and specification of time
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=U3= Sec158 -- Section 158 Conditions precedent and subsequent
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=S=> BGB 158. 1 If a legal transaction is entered into subject to a condition precedent , the legal transaction that is subject to the condition comes into effect when the condition is satisfied .
=S=> BGB 158. 2 If a legal transaction is entered into subject to a condition subsequent , the effect of the legal transaction ends when the condition is satisfied ; at this moment the previous legal situation is restored .
=U3= Sec159 -- Section 159 Retroactive effect
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=S=> BGB 159 If , under the terms of a legal transaction , the consequences linked to the satisfaction of the condition are to become effective from an earlier time , then when the condition is satisfied the parties are under a duty to render each other the performance that they would have rendered if the consequences had occurred at the earlier time .
=U3= Sec160 -- Section 160 Liability in the period of suspense
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=S=> BGB 160. 1 Any person who has a right subject to a condition precedent may , in the case of the satisfaction of the condition , demand damages from the other party if the latter , during the period of suspense , is at fault for defeating or adversely affecting the right dependent on the condition .
=S=> BGB 160. 2 In the case of a legal transaction entered into subject to a condition subsequent , the person to whose advantage the former legal situation is restored has the same claim on the same conditions .
=U3= Sec161 -- Section 161 Ineffectiveness of dispositions in the period of suspense
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=S=> BGB 161. 1 If a person has disposed of a thing , and the disposition is subject to a condition precedent , any further disposition which he makes as regards the thing in the period of suspense is ineffective on the satisfaction of the condition to the extent that it would defeat or adversely affect the effect subject to the condition . Such a disposition is equivalent to a disposition which is effected during the period of suspense by execution or attachment or by the administrator in insolvency proceedings .
=S=> BGB 161. 2 In the case of a condition subsequent , the same applies to the dispositions of a person whose right expires on the fulfilment of the condition .
=S=> BGB 161. 3 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications .
=U3= Sec162 -- Section 162 Prevention of or bringing about the satisfaction of the condition
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=S=> BGB 162. 1 If the satisfaction of a condition is prevented in bad faith by the party to whose disadvantage it would be , the condition is deemed to have been satisfied .
=S=> BGB 162. 2 If the satisfaction of a condition is brought about in bad faith by the party to whose advantage it would be , the condition is deemed not to have been satisfied .
=U3= Sec163 -- Section 163 Specification of time
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=S=> BGB 163 If , when a legal transaction is undertaken , a time has been specified for the beginning or the end of its effect , then in the former case the provisions in sections 158 , 160 and 161 applicable to conditions precedent and in the latter case the conditions in sections 158 , 160 and 161 applicable to conditions subsequent apply with the necessary modifications .
=U2= Tit5 -- Title 5 Agency and authority
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=U3= Sec164 -- Section 164 Effect of a declaration made by the agent
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=S=> BGB 164. 1 A declaration of intent which a person makes within the scope of his own power of agency in the name of a principal takes effect directly in favour of and against the principal . It is irrelevant whether the declaration is made explicitly in the name of the principal , or whether it may be gathered from the circumstances that it is to be made in his name .
=S=> BGB 164. 2 If the intent to act on behalf of another is not evident , the lack of intent on the part of the agent to act on his own behalf is not taken into consideration .
=S=> BGB 164. 3 The provisions of subsection ( 1 ) apply with the necessary modifications if a declaration of intent to be made to another is made to his agent .
=U3= Sec165 -- Section 165 Agent with limited capacity to contract
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=S=> BGB 165 The effectiveness of a declaration of intent made by or to an agent is not adversely affected by the agent having limited capacity to contract .
=U3= Sec166 -- Section 166 Absence of intent ; imputed knowledge
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=S=> BGB 166. 1 Insofar as the legal consequences of a declaration of intent are influenced by an absence of intent or by knowledge or by constructive notice of certain circumstances , it is not the person of the principal , but that of the agent , that is taken into account .
=S=> BGB 166. 2 If , in the case of a power of agency granted by a legal transaction ( authority ) , the agent has acted in compliance with certain instructions given by the principal , then the latter may not invoke the lack of knowledge of the agent with regard to circumstances of which the principal himself knew . The same rule applies to circumstances which the principal ought to have known , insofar as constructive notice is equivalent to knowledge .
=U3= Sec167 -- Section 167 Conferment of authority
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=S=> BGB 167. 1 Authority is conferred by declaration to the person to be granted authority , or to the third party in relation to whom the authority is to have effect .
=S=> BGB 167. 2 The declaration is not required to be in the form laid down for the legal transaction to which the authority relates .
=U3= Sec168 -- Section 168 Expiry of authority
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=S=> BGB 168 The expiry of the authority depends on the legal relationship on which its conferment is based . The authority is also revocable if the legal relationship is continued , unless this relationship leads to a different conclusion . The provision under section 167 ( 1 ) applies with the necessary modifications to the declaration of revocation .
=U3= Sec169 -- Section 169 Authority of the authorised representative and the managing partner
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=S=> BGB 169 To the extent that the expired authority of an authorised representative or a managing partner is deemed to continue in accordance with sections 674 and 729 , it is not effective in favour of a third party who , when a legal transaction is undertaken , knows or ought to know of the expiry .
=U3= Sec170 -- Section 170 Period of effectiveness of the authority
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=S=> BGB 170 If authority is granted by declaration to a third party , it remains in force in relation to this third party until he is notified by the principal of the expiry thereof .
=U3= Sec171 -- Section 171 Period of effectiveness in the case of announcement
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=S=> BGB 171. 1 If a person has announced by separate notice to a third party or by public notice that he has granted authority to another , the latter , on the basis of the announcement , is authorised to represent the person to that third party in the former case , and to any third party in the latter case .
=S=> BGB 171. 2 The authority remains effective until the notice is revoked in the same manner in which it was made .
=U3= Sec172 -- Section 172 Letter of authorisation
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=S=> BGB 172. 1 If the principal has delivered a letter of authorisation to the agent and the agent presents it to a third party , this is equivalent to a separate notification of authorisation by the principal .
=S=> BGB 172. 2 The power of agency remains effective until the letter of authorisation is returned to the principal or declared to be invalid .
=U3= Sec173 -- Section 173 Period of effectiveness in the case of knowledge and negligent lack of knowledge
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=S=> BGB 173 The provisions of section 170 , section 171 ( 2 ) and section 172 ( 2 ) do not apply if the third party knows or ought to know of the termination of the authority when the legal transaction is entered into .
=U3= Sec174 -- Section 174 Unilateral legal transaction by an authorised representative
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=S=> BGB 174 A unilateral legal transaction that an authorised representative undertakes in relation to another is ineffective if the authorised representative does not present a letter of authorisation and the other rejects the legal transaction without undue delay for this reason . Rejection is excluded if the principal notified the other of the authorisation .
=U3= Sec175 -- Section 175 Return of the letter of authorisation
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=S=> BGB 175 After the expiry of the authority , the authorised representative must return the letter of authorisation to the principal ; he has no right of retention .
=U3= Sec176 -- Section 176 Declaration of invalidity of the letter of authorisation
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=S=> BGB 176. 1 The principal may , by public notice , declare the letter of authorisation ; the declaration of invalidity must be published in compliance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] that govern the service of a summons by publication . The declaration of invalidity becomes effective at the end of one month after its last appearance in the official newspapers .
=S=> BGB 176. 2 The local court [ Amtsgericht ] in whose district the principal is subject to general jurisdiction and the local court [ Amtsgericht ] which would have jurisdiction over the action for the return of the letter of authorisation are equally competent to authorise the publication , irrespective of the value of the matter in dispute .
=S=> BGB 176. 3 The declaration of invalidity is ineffective if the principal may not revoke the authority .
=U3= Sec177 -- Section 177 Entry into contract by an unauthorised agent
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=S=> BGB 177. 1 If a person enters into a contract in the name of another without power of agency , then the effectiveness of the contract to the benefit or detriment of the principal requires the ratification of the principal .
=S=> BGB 177. 2 If the other party requires the principal to make a declaration as to whether or not he ratifies the contract , the declaration may only be made to that other party ; a ratification or a refusal of ratification declared to the agent before the demand is without effect . The ratification may only be declared before the expiry of two weeks after receipt of the demand ; if it is not declared , it is considered to have been refused .
=U3= Sec178 -- Section 178 Right of revocation of the other party
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=S=> BGB 178 Until the ratification of the contract , the other party is entitled to revoke it , unless he knew of the lack of power of agency when he entered into the contract . The revocation may also be declared to the agent .
=U3= Sec179 -- Section 179 Liability of an unauthorised agent
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=S=> BGB 179. 1 A person who has entered into a contract as an agent is , if he does not furnish proof of his power of agency , obliged to the other party at the other party's choice either to perform the contract or to pay damages to him , if the principal refuses to ratify the contract .
=S=> BGB 179. 2 If the agent was not aware of his lack of power of agency , he is obliged to make compensation only for the damage which the other party suffers as a result of relying on the power of agency ; but not in excess of the total amount of the interest which the other or the third party has in the effectiveness of the contract .
=S=> BGB 179. 3 The agent is not liable , if the other party knew or ought to have known of the lack of power of agency . The agent is also not liable if he had limited capacity to contract , unless he acted with the consent of his legal representative .
=U3= Sec180 -- Section 180 Unilateral legal transactions
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=S=> BGB 180 Agency without authority is not permitted for a unilateral legal transaction . However , if the person in relation to whom such a legal transaction was to be undertaken did not , when the legal transaction was undertaken , question the power of agency the agent claimed to have , or if he was in agreement that the agent might act without authority , the provisions on contracts apply with the necessary modifications . The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent .
=U3= Sec181 -- Section 181 Contracting with oneself
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=S=> BGB 181 An agent may not , unless otherwise permitted , enter into a legal transaction in the name of the principal with himself in his own name or as an agent of a third party , unless the legal transaction consists solely in the performance of an obligation .
=U2= Tit6 -- Title 6 Consent and ratification
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=U3= Sec182 -- Section 182 Approval
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=S=> BGB 182. 1 If the effectiveness of a contract , or of a unilateral legal transaction to be undertaken in relation to another , depends on the approval of a third party , the grant and refusal of approval may be declared either to one party or to the other .
=S=> BGB 182. 2 The approval is not required to have the form provided for the legal transaction .
=S=> BGB 182. 3 If a unilateral legal transaction whose effectiveness depends on the approval of a third party is undertaken with the consent of the third party , then the provisions of section 111 sentences 2 and 3 apply with the necessary modifications .
=U3= Sec183 -- Section 183 Revocability of consent
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=S=> BGB 183 Prior approval ( consent ) may be revoked until the legal transaction is undertaken , unless the legal relationship on which this consent is based leads to a different conclusion . Revocation may either be declared to one party or to the other .
=U3= Sec184 -- Section 184 Retroactive effect of ratification
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=S=> BGB 184. 1 Subsequent approval ( ratification ) operates retroactively from the point of time when the legal transaction was undertaken , unless otherwise provided . BGB 184. 2 The retroactive effect does not cancel the effectiveness of dispositions made by the ratifying person before the ratification of the subject matter of the legal transaction , or made by execution or attachment or by the administrator in insolvency proceedings .
=U3= Sec185 -- Section 185 Disposition by an unauthorised person
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=S=> Division 4 Periods of time and fixed dates
=U2= Sec186 -- Section 186 Scope of applicability
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=S=> BGB 186 The interpretation provisions of sections 187 to 193 apply to the fixing of periods of time and dates contained in statutes , court orders and legal transactions .
=U2= Sec187 -- Section 187 Beginning of a period of time
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=S=> BGB 187. 1 If a period commences on the occurrence of an event or at a point of time falling in the course of a day , then the day on which the event or point of time occurs is not included in the calculation of the period .
=S=> BGB 187. 2 If the beginning of a day is the determining point of time for the commencement of a period , then this day is included in the calculation of the period . The same applies to the date of birth when the age of a person is calculated .
=U2= Sec188 -- Section 188 End of a period of time
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=S=> BGB 188. 1 A period of time specified by days ends on the expiry of the last day of the period .
=S=> BGB 188. 2 A period of time specified by weeks , by months or by a duration of time comprising more than one month - year , half-year , quarter - ends , in the case of section 187 ( 1 ) , on the expiry of the day of the last week or of the last month which , in its designation or its number , corresponds to the day on which the event or the point of time occurs , or in the case of section 187 ( 2 ) , on the expiry of the day of the last week or of the last month that precedes the day which corresponds in designation or number to the first day of the period of time .
=S=> BGB 188. 3 If , in the case of a period of time determined by months , the day on which it is due to expire does not occur in the last month , the period ends on the expiry of the last day of this month .
=U2= Sec189 -- Section 189 Calculation of individual periods of time
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=S=> BGB 189. 1 A half-year is understood to mean a period of six months , a quarter is understood to mean a period of three months , and half a month is understood to mean a period of fifteen days .
=S=> BGB 189. 2 If a period of time is specified as one or more than one whole month and a half-month , then the fifteen days shall be counted last of all .
=U2= Sec190 -- Section 190 Extension of period
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=S=> BGB 190 If a period of time is extended , the new period is calculated from the expiry of the previous period .
=U2= Sec191 -- Section 191 Calculation of periods of time
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=S=> BGB 191 If a period of time is determined by months or by years with the meaning that they are not required to run consecutively , a month is counted as thirty days and a year as 365 days .
=U2= Sec192 -- Section 192 Beginning , middle and end of a month
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=S=> BGB 192 The beginning of the month is understood to be the first day , the middle of the month the fifteenth day , and the end of month the last day .
=U2= Sec193 -- Section 193 Sundays and holidays ; Saturdays
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=S=> Division 5 Limitation
=U2= Tit1 -- Title 1 Subject-matter and duration of limitation
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=U3= Sec194 -- Section 194 Subject-matter of limitation
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=S=> BGB 194. 1 The right to demand that another person does or refrains from an act ( claim ) is subject to limitation .
=S=> BGB 194. 2 Claims based on a family-law relationship are not subject to limitation to the extent that they are directed towards creating a situation appropriate for the relationship for the future or towards consent to a genetic test to clarify biological descent .
=U3= Sec195 -- Section 195 Standard limitation period
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=S=> BGB 195 The standard limitation period is three years .
=U3= Sec196 -- Section 196 Limitation period for rights to a plot of land
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=S=> BGB 196 Claims to the transfer of ownership of land and to the creation , transfer or cancellation of a right to a plot of land or to a change of the subject-matter of such a right and entitlements to consideration are subject to a ten-year limitation period .
=U3= Sec197 -- Section 197 Thirty-year limitation period
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=S=> BGB 197. 1 Unless otherwise provided , the following claims are statute-barred after thirty years : claims for return based on ownership or other real rights , claims governed by family law or the law of succession , claims that have been declared final and absolute , claims under enforceable settlements or enforceable documents , claims that have become enforceable upon being recognised in insolvency proceedings , and claims to reimbursement of the costs of execution .
=S=> BGB 197. 2 To the extent that claims under subsection ( 1 ) , no . 2 are for periodically recurring acts of performance or maintenance payments and to the extent that claims under subsection ( 1 ) , nos . 3 to 5 are concerned with periodically recurring acts of performance that will fall due in the future , the standard limitation period takes the place of the period of thirty years .
=U3= Sec198 -- Section 198 Limitation in the case of a successor in title
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=S=> BGB 198 If a thing in respect of which a real claim exists comes into the possession of a third party by succession in title , the part of the limitation period that passed while possession was held by his predecessor in title is deemed to benefit the successor in title .
=U3= Sec199 -- Section 199 Commencement of the standard limitation period and maximum periods
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=S=> BGB 199. 1 The standard limitation period commences at the end of the year in which : the claim arose and the obligee obtains knowledge of the circumstances giving rise to the claim and of the identity of the obligor , or would have obtained such knowledge if he had not shown gross negligence .
=S=> BGB 199. 2 Claims for damages based on injury to life , body , health or liberty , notwithstanding the manner in which they arose and notwithstanding knowledge or a grossly negligent lack of knowledge , are statute-barred thirty years from the date on which the act , breach of duty or other event that caused the damage occurred .
=S=> BGB 199. 3 Other claims for damages become statute-barred notwithstanding knowledge or a grossly negligent lack of knowledge , ten years after they arise and regardless of how they arose and of knowledge or a grossly negligent lack of knowledge , thirty years from the date on which the act , breach of duty or other event that caused the damage occurred . The period that ends first is applicable .
=S=> BGB 199. 4 Notwithstanding knowledge or a grossly negligent lack of knowledge , claims other than claims for damages become statute-barred ten years after the date upon which they arise .
=S=> BGB 199. 5 If the claim is for forbearance , the date of the breach of such an obligation takes the place of the date on which the claim arose .
=U3= Sec200 -- Section 200 Commencement of other limitation periods
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=S=> BGB 200 Unless another date for the commencement of limitation is specified , the limitation period of claims not subject to the standard limitation period commences when the claim arises . Section 199 ( 5 ) applies with the necessary modifications .
=U3= Sec201 -- Section 201 Commencement of the limitation period for recognised claims
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=S=> BGB 201 The limitation period for claims of the kind referred to in section 197 ( 1 ) , nos . 3 to 6 , commences on the date when the decision becomes final and absolute , the enforceable instrument is executed or the claim is recognised in insolvency proceedings , but not before the claim arises . Section 199 ( 5 ) applies with the necessary modifications .
=U3= Sec202 -- Section 202 Inadmissibility of agreements on limitation
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=S=> BGB 202. 1 In the case of liability for intention , the limitation period may not be relaxed in advance by legal transaction .
=S=> BGB 202. 2 The limitation period may not be extended by legal transaction beyond a period of thirty years from the beginning of the statutory limitation period .
=U2= Tit2 -- Title 2 Suspension , suspension of expiry and recommencement of the limitation period
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=U3= Sec203 -- Section 203 Suspension of limitation in the case of negotiations
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=S=> BGB 203 If negotiations between the obligor and the obligee are in progress in respect of the claim or the circumstances giving rise to the claim , the limitation period is suspended until one party or the other refuses to continue the negotiations . The claim is statute-barred at the earliest three months after the end of the suspension .
=U3= Sec204 -- Section 204 Suspension of limitation as a result of prosecution of rights
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=S=> BGB 204. 1 The limitation period is suspended by : the bringing of an action for performance or for a declaration of the existence of a claim , for the grant of an execution clause or for the issue of an order for execution , the service of an application in the simplified procedure for the maintenance of minors , the service of a demand for payment in summary proceedings for recovery of debt or of the European order for payment in the European order for payment procedure in accordance with Regulation ( EC ) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure ( OJ EU L 399 p . 1 ) , arranging for notice to be given of an application for conciliation filed with a conciliation body established or recognised by the Land justice administration authority or , if the parties seek conciliation in mutual agreement , with any other conciliation body which settles disputes ; if notice is arranged to be given shortly after the filing of the application , the limitation period is suspended immediately once the application is filed , the assertion of a set-off of a claim in a legal action , the service of a third-party notice , the service of an application for evidence to be taken in independent proceedings , the beginning of agreed expert opinion proceedings , the service of an application for an attachment order , an interim injunction or an interim order , or , if the application is not served , the filing of the application if the order for attachment , the interim injunction or the interim order is served on the obligor within one month of its being pronounced or of its service on the obligee , the filing of a claim in insolvency proceedings or in proceedings for the distribution of assets under maritime law , the beginning of arbitration proceedings , the filing of an application with a public authority , if the admissibility of the action depends on a preliminary decision by this authority and the action is brought within three months after the application has been disposed of ; this applies with the necessary modifications to applications required to be made to a court or a conciliation body referred to in no . 4 above , whose admissibility is subject to a preliminary decision by an authority , the filing of an application with the higher court , if the higher court must decide upon the court with jurisdiction over the claim and the action is brought within three months after the application has been disposed of , or the application for which a decision on jurisdiction is necessary is filed , and arranging for notice to be given of the first application for the grant of legal aid or procedural costs assistance ; if notice is arranged shortly after the filing of the application , the suspension of the limitation period takes effect immediately when the application is filed .
=S=> BGB 204. 2 Suspension under subsection ( 1 ) above ends six months after the final and absolute decision in the proceedings commenced , or after they end in another way . If the proceedings come to a standstill because the parties do not prosecute them , the date of the last act in the proceedings by the parties , the court or other body responsible for the proceedings takes the place of the date when the proceedings end . Suspension commences again if one of the parties continues the proceedings .
=S=> BGB 204. 3 Sections 206 , 210 and 211 apply with the necessary modifications to subsection ( 1 ) , nos . 9 , 12 and 13 above .
=U3= Sec205 -- Section 205 Suspension of limitation in the case of a right to refuse performance
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=S=> BGB 205 Limitation is suspended for as long as the obligor , under an agreement with the obligee , is temporarily entitled to refuse performance .
=U3= Sec206 -- Section 206 Suspension of limitation in case of force majeure
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=S=> BGB 206 Limitation is suspended for as long as , within the last six months of the limitation period , the obligee is prevented by force majeure from prosecuting his rights .
=U3= Sec207 -- Section 207 Suspension of limitation for family and other reasons
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=S=> BGB 207. 1 The limitation of claims between spouses is suspended for as long as the marriage continues . The same applies to claims between civil partners for as long as a civil partnership exists , parents and children and the spouse of one parent and the children of that spouse while the children are under age , a guardian and his ward for the duration of the guardianship , a person placed under the care of a custodian and his custodian for the duration of a care relationship , and a person subject to curatorship and his curator for the duration of the curatorship . The limitation of claims of a child against a legal adviser in litigation proceedings is suspended during the period when the latter is acting as a legal adviser .
=S=> BGB 207. 2 Section 208 remains unaffected .
=U3= Sec208 -- Section 208 Suspension of limitation in the case of claims for infringement of the right to sexual self-determination
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=S=> BGB 208 The limitation period of claims for infringement of the right to sexual self-determination is suspended until the obligee reaches the age of twenty-one . If , when the limitation period commences , the obligee in respect of claims for infringement of the right to sexual self-determination is living with the obligor in a common household , limitation is suspended until this common household ends .
=U3= Sec209 -- Section 209 Effect of suspension
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=S=> BGB 209 A period in which limitation is suspended is not included in the calculation of the limitation period .
=U3= Sec210 -- Section 210 Suspension of expiry of the limitation period in the case of persons without full capacity to contract
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=S=> BGB 210. 1 If a person incapable of contracting or with limited capacity to contract has no legal representative , a limitation period to his benefit or detriment does not end until the expiry of six months after the time when the person acquires unlimited capacity to contract or the lack of representation is remedied . If the limitation period is shorter than six months , the period specified for limitation takes the place of the period of six months .
=S=> BGB 210. 2 Subsection ( 1 ) does not apply to the extent that a person with limited capacity to contract is capable of suing and being sued .
=U3= Sec211 -- Section 211 Suspension of expiry in matters relating to estates
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=S=> BGB 211 A claim that is part of or directed against an estate does not become statute-barred until at least six months have passed from the time when the inheritance is accepted by the heir or when insolvency proceedings in respect of the estate are commenced or when the claim can be asserted by or against an agent . If the limitation period is shorter than six months , the period specified for limitation takes the place of the period of six months .
=U3= Sec212 -- Section 212 Recommencement of the limitation period
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=S=> BGB 212. 1 The limitation period recommences if the obligor acknowledges the claim towards the obligee by part payment , the payment of interest , the provision of security or in another way , or a judicial or official act of execution is undertaken or applied for . BGB 212. 2 The recommencement of the limitation period as a result of an act of execution is considered not to have occurred if the act of execution is cancelled on the application of the obligee or as the result of a failure to comply with the statutory requirements . BGB 212. 3 The recommencement of the limitation period as a result of an application for an act of execution is considered not to have occurred if the application is not granted or is withdrawn before the act or the act of execution obtained is cancelled under subsection ( 2 ) above .
=U3= Sec213 -- Section 213 Suspension , suspension of expiry and recommencement of limitation in the case of other claims
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=S=> BGB 213 The suspension , suspension of expiry and recommencement of the limitation period also apply to claims which are available , for the same reason , either in addition to the claim or instead of the claim .
=U2= Tit3 -- Title 3 Legal consequences of limitation
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=U3= Sec214 -- Section 214 Effect of limitation
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=S=> BGB 214. 1 After limitation occurs , the obligor is entitled to refuse performance .
=S=> BGB 214. 2 Performance rendered in satisfaction of a claim that is now statute-barred may not be claimed back even if performance was rendered without knowledge of the limitation . The same applies to an acknowledgement made in accordance with a contract and to a security provided by the obligor .
=U3= Sec215 -- Section 215 Set-off and right of retention after a claim is statute-barred
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=S=> BGB 215 Limitation of actions does not exclude set-off and the assertion of a right of retention if the claim was not yet statute-barred at the time when the set-off could first have been made or performance first refused .
=U3= Sec216 -- Section 216 Effect of limitation in the case of secured claims
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=S=> BGB 216. 1 The limitation of a claim for which a mortgage , ship mortgage or security right exists does not prevent the obligee from seeking satisfaction of his claim from the object encumbered .
=S=> BGB 216. 2 If a right has been procured for the purpose of securing a claim , the retransfer of the right may not be demanded on the basis of the limitation of the claim . If title has been retained , the right to withdraw from the contract may be exercised even if the secured claim is statute-barred .
=S=> BGB 216. 3 Subsections ( 1 ) and ( 2 ) above do not apply to the limitation of claims for interest and other recurring obligations .
=U3= Sec217 -- Section 217 Limitation of collateral performance
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=S=> BGB 217 A claim for collateral performance dependent on the main claim becomes statute-barred at the same time as the main claim , even if the specific limitation period applying to the claim for collateral performance has not ended .
=U3= Sec218 -- Section 218 Ineffectiveness of withdrawal
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=S=> BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected .
=S=> BGB 218. 2 Section 214 ( 2 ) applies with the necessary modifications .
=U3= Sec219-225 -- Sections 219 - 225 repealed
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=S=> Division 6 Exercise of rights , self-defence , self-help
=U2= Sec226 -- Section 226 Prohibition of chicanery
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=S=> BGB 226 The exercise of a right is not permitted if its only possible purpose consists in causing damage to another .
=U2= Sec227 -- Section 227 Self-defence against persons
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=S=> BGB 227. 1 An act required for self-defence is not unlawful .
=S=> BGB 227. 2 Self-defence is the defence required to ward off a present unlawful assault on oneself or another .
=U2= Sec228 -- Section 228 Necessity
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=S=> BGB 228 A person who damages or destroys a thing belonging to another in order to ward off from himself or from another a danger threatened by the thing does not act unlawfully if the damage or destruction is necessary to ward off the danger and the damage is not out of proportion to the danger . If the person acting in this manner caused the danger , he is obliged to pay damages .
=U2= Sec229 -- Section 229 Self-help
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=S=> BGB 229 A person who , for the purpose of self-help , removes , destroys or damages a thing , or a person who , for the purpose of self-help , arrests an obliged person who is suspected of flight , or overcomes the resistance to an act of an obliged person who has a duty to tolerate that act , does not act unlawfully if help cannot be obtained from the authorities in good time and there is a danger , without immediate intervention , that the realisation of the claim will be prevented or be considerably more difficult .
=U2= Sec230 -- Section 230 Limits of self-help
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=S=> BGB 230. 1 Self-help may not extend further than is necessary to ward off the danger .
=S=> BGB 230. 2 In the case where things are removed , then , unless execution of judgment is being effected , a writ of attachment is to be sought .
=S=> BGB 230. 3 In the case of the arrest of the person obliged , unless he is set free again , an application for his preventive custody is to be filed with the local court [ Amtsgericht ] in whose district the arrest took place ; the person obliged is to be presented to the court without undue delay .
=S=> BGB 230. 4 If the application for arrest is delayed or rejected , the things seized must be returned and the person arrested released without undue delay .
=U2= Sec231 -- Section 231 Self-help by mistake
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=S=> Division 7 Provision of security
=U2= Sec232 -- Section 232 Types
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=S=> BGB 232. 1 A person who is required to provide security may do so : by the deposit of money or securities , by the pledge of claims that are registered in the Federal Debt Register [ Bundesschuldbuch ] or the Land Debt Register [ Landesschuldbuch ] of a Land , by the pledge of movable things , by the creation of ship mortgages on ships or ships under construction which are recorded in a German ship register or a ship construction register , by the creation of mortgages on land within the country , by the pledge of claims for which there is a mortgage on land within the country , or by the pledge of land charges or annuity land charges on land within the country .
=S=> BGB 232. 2 If security cannot be provided in this manner , it is admissible to furnish a reasonable surety .
=U2= Sec233 -- Section 233 Effect of deposit
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=S=> BGB 233 When the deposit is made , the person entitled acquires a security right over the money deposited or the securities deposited and , if the money or the securities pass into the ownership of the treasury or the institution designated as the depositary office , a security right over the claim for reimbursement .
=U2= Sec234 -- Section 234 Suitable securities
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=S=> BGB 234. 1 Securities are only suitable for the provision of security if they are made out to the bearer , have a market value and are of a kind in which money held in trust for a ward may be invested . Instruments made out to order and endorsed in blank are equivalent to bearer instruments .
=S=> BGB 234. 2 The interest coupons , annuity coupons , dividend coupons and renewal coupons are to be deposited with the securities .
=S=> BGB 234. 3 Securities may be provided as security only up to the amount of three quarters of their market value .
=U2= Sec235 -- Section 235 Right to exchange
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=S=> BGB 235 A person who has provided security by depositing money or securities is entitled to exchange the money deposited for suitable securities and the securities deposited for other suitable securities or for money .
=U2= Sec236 -- Section 236 Registered claims
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=S=> BGB 236 A registered claim against the Federal Government or a Land may be provided as security only up to the amount of three quarters of the market value of the securities the delivery of which the creditor may demand in return for cancellation of his claim .
=U2= Sec237 -- Section 237 Movable things
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=S=> BGB 237 A movable thing may be provided as security only up to the amount of two thirds of its estimated value . Things may be rejected as security if their spoilage is to be feared or if their safekeeping involves special difficulties .
=U2= Sec238 -- Section 238 Mortgages , land charges and annuity land charges
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=S=> BGB 238. 1 A mortgage claim , a land charge or an annuity land charge is suitable as security only if it complies with the requirements for the investment of money held in trust for a ward in mortgage claims , land charges or annuity land charges at the place where security is provided .
=S=> BGB 238. 2 A claim secured by a debt-securing mortgage is not suitable as security .
=U2= Sec239 -- Section 239 Surety
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=S=> BGB 239. 1 A surety is qualified if he possesses property appropriate for the amount of security to be provided and is subject to general jurisdiction within the country .
=S=> BGB 239. 2 The declaration of suretyship must contain a waiver of the defence of unexhausted remedies .
=U2= Sec240 -- Section 240 Duty to supplement security
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=S=> BGB 240 If the security provided becomes insufficient without this being the fault of the person entitled , it is to be supplemented or another security is to be provided .
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