642
=U4= Sec946 -- Section 946 Combination with a plot of land
--
=S=> BGB 946 If a movable thing is combined with a plot of land in such a way that it becomes an essential part of the plot of land , the ownership of the plot of land extends to this movable thing .
=U4= Sec947 -- Section 947 Combination with movable things
--
=S=> BGB 947. 1 If movable things are combined with each other in such a way that they become essential parts of a uniform thing , the previous owners become co-owners of this thing ; the shares are determined by the relationship of the value that the things have at the time of combination .
=S=> BGB 947. 2 If one of the things is to be seen as the main thing , its owner acquires sole ownership .
=U4= Sec948 -- Section 948 Intermixture
--
=S=> BGB 948. 1 If movable things are inseparably intermixed or mingled with each other , the provisions of section 947 apply with the necessary modifications .
=S=> BGB 948. 2 The situation is equivalent to inseparability if the separation of the intermixed or mingled things would entail disproportionately high costs .
=U4= Sec949 -- Section 949 Extinction of third party rights
--
=S=> BGB 949 If , under sections 946 to 948 , the ownership of a thing is extinguished , the other rights in the thing are also extinguished . If the owner of the encumbered thing acquires co-ownership , the rights in the share that takes the place of the thing continue in existence . If the owner of the encumbered thing becomes the sole owner , the rights extend to the joined thing .
=U4= Sec950 -- Section 950 Processing
--
=S=> BGB 950. 1 A person who , by processing or transformation of one or more substances , creates a new movable thing acquires the ownership of the new thing , except where the value of the processing or the transformation is substantially less than the value of the substance . Processing also includes writing , drawing , painting , printing , engraving or a similar processing of the surface . BGB 950. 2 On the acquisition of ownership of the new thing , the existing rights in the substance are extinguished .
=U4= Sec951 -- Section 951 Compensation for loss of rights
--
=S=> BGB 951. 1 A person who , as a result of the provisions of sections 946 to 950 , suffers a loss of rights may require from the person to whose benefit the change of rights occurs payment in money under the provisions on the return of unjust enrichment . The restoration of the former state cannot be required .
=S=> BGB 951. 2 The provisions on the obligation to pay damages for torts and the provisions on the reimbursement of outlays made and on the right of removal of an installation are unaffected . In the cases of sections 946 and 947 , the removal under the provisions applying to the right of removal of the possessor in relation to the owner is admissible even if the combination was not made by the possessor of the main thing .
=U4= Sec952 -- Section 952 Ownership of documents of debt
--
=S=> BGB 952. 1 The creditor shall be entitled to the ownership of a certificate of indebtedness issued with regard to a claim . The right of a third party to the claim extends to the certificate of indebtedness .
=S=> BGB 952. 2 The same applies to documents on other rights under which performance may be requested , in particular for mortgage , land charge and annuity land charge certificates .
|
