5399
=U3= UTit1 -- Subtitle 1 Transfer
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=U4= Sec929 -- Section 929 Agreement and delivery
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=S=> BGB 929 For the transfer of the ownership of a movable thing , it is necessary that the owner delivers the thing to the acquirer and both agree that ownership is to pass . If the acquirer is in possession of the thing , agreement on the transfer of the ownership suffices .
=U4= Sec929a -- Section 929a Agreement with regard to unregistered ship
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=S=> BGB 929a. 1 In order to transfer the ownership of a ship that is not registered in the ship register , or of a share in such a ship , delivery is not necessary if the owner and the acquirer are in agreement that the ownership is to pass immediately .
=S=> BGB 929a. 2 Either party may require that , at his cost , a notarially certified document of the disposal is issued to him .
=U4= Sec930 -- Section 930 Constructive delivery
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=S=> BGB 930 If the owner is in possession of the thing , the delivery may be replaced by a legal relationship being agreed between the owner and the acquirer by which the acquirer obtains indirect possession .
=U4= Sec931 -- Section 931 Assignment of claim for possession
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=S=> BGB 931 If a third party is in possession of the thing , delivery may be replaced by the owner assigning to the acquirer the claim to delivery of the thing .
=U4= Sec932 -- Section 932 Good faith acquisition from a person not entitled
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=S=> BGB 932. 1 As a result of a disposal carried out under section 929 , the acquirer becomes the owner even if the thing does not belong to the alienor , unless the alienor is not in good faith at the time when under these provisions he would acquire ownership . In the case of section 929 sentence 2 , however , this applies only if the acquirer had obtained possession from the alienor .
=S=> BGB 932. 2 The acquirer is not in good faith if he is aware , or as a result of gross negligence he is not aware , that the thing does not belong to the alienor .
=U4= Sec932a -- Section 932a Good faith acquisition of unregistered ships
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=S=> BGB 932a Where a ship disposed of under section 929a does not belong to the person disposing , the acquirer becomes the owner if the ship is delivered to him by the alienor , unless he is not in good faith at this time ; where a share in a ship is the subject of the disposal , the granting of joint possession of the ship takes the place of delivery .
=U4= Sec933 -- Section 933 Good faith acquisition on constructive delivery
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=S=> BGB 933 Where a thing alienated under section 930 does not belong to the alienor , the acquirer becomes the owner if the thing is delivered to him by the alienor , unless he is not in good faith at this time .
=U4= Sec934 -- Section 934 Good faith acquisition on assignment of claim for possession
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=S=> BGB 934 Where a thing alienated under section 931 does not belong to the alienor , the acquirer becomes owner , if the alienor is the indirect possessor of the thing , on the assignment of the claim , or otherwise when the acquirer obtains the possession of the thing from the third party , unless at the time of the assignment or the acquisition of possession he is not in good faith .
=U4= Sec935 -- Section 935 No good faith acquisition of lost property
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=S=> BGB 935. 1 The acquisition of ownership under sections 932 to 934 does not occur if the thing was stolen from the owner , is missing or has been lost in any other way . The same applies , where the owner was only the indirect possessor , if the possessor had lost the thing .
=S=> BGB 935. 2 These provisions do not apply to money or bearer instruments or to things that are alienated by way of public auction or in an auction pursuant to section 979 ( 1a ) .
=U4= Sec936 -- Section 936 Extinction of third party rights
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=S=> BGB 936. 1 If an alienated thing is encumbered with the right of a third party , the right is extinguished on the acquisition of ownership . In the case of section 929 sentence 2 , however , this applies only if the acquirer had obtained possession from the alienor . If the disposal is made under section 929a or 930 , or if the thing alienated under section 931 was not in the indirect possession of the alienor , the right of the third party is extinguished only when the acquirer obtains possession of the thing as a result of the disposal .
=S=> BGB 936. 2 The right of the third party is not extinguished if the acquirer , at the time conclusive under subsection 1 above , is not in good faith with regard to the right .
=S=> BGB 936. 3 If , in the case of section 931 , the right belongs to the third party possessor , it is not extinguished even with regard to a good faith acquirer .
=U3= UTit2 -- Subtitle 2 Acquisition by prescription
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=U4= Sec937 -- Section 937 Requirements , exclusion in the case of knowledge
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=S=> BGB 937. 1 A person who has a movable thing in his proprietary possession for ten years acquires the ownership ( acquisition by prescription ) .
=S=> BGB 937. 2 Acquisition by prescription is excluded if the acquirer on acquiring the proprietary possession is not in good faith or if he later discovers that he is not entitled to the ownership .
=U4= Sec938 -- Section 938 Presumption of proprietary possession
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=S=> BGB 938 If a person had a thing in his proprietary possession at the beginning and at the end of a period of time , it is presumed that his proprietary possession also existed in the intermediate period .
=U4= Sec939 -- Section 939 Suspension of prescription
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=S=> BGB 939. 1 Prescription is suspended if the claim for possession against the proprietary possessor , or in the case of indirect proprietary possession against the possessor who derives his right to possession from the proprietary possessor , is asserted in a manner suitable under sections 203 and 204 to suspend limitation . However , the suspension occurs only for the benefit of the person who causes it .
=S=> BGB 939. 2 Prescription is also suspended as long as the limitation of the claim to possession under sections 205 to 207 or its expiry under sections 210 and 211 is suspended .
=U4= Sec940 -- Section 940 Interruption by loss of possession
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=S=> BGB 940. 1 Prescription is interrupted by the loss of proprietary possession .
=S=> BGB 940. 2 The interruption is deemed not to have occurred if the proprietary possessor loses the proprietary possession involuntarily and recovers it within the period of one year or by legal action instituted within this period .
=U4= Sec941 -- Section 941 Interruption by act of execution
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=S=> BGB 941 Prescription is interrupted by undertaking or applying for a judicial or official act of execution . Section 212 ( 2 ) and ( 3 ) applies with the necessary modifications .
=U4= Sec942 -- Section 942 Effect of interruption
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=S=> BGB 942 If the prescription period is interrupted , the time that passed before the interruption is disregarded ; a new prescription period may begin only after the termination of the interruption .
=U4= Sec943 -- Section 943 Acquisition by prescription and succession in title
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=S=> BGB 943 If as a result of succession in title the thing enters the proprietary possession of a third party , the prescription period that has passed in the possession of the predecessor in title benefits the third party .
=U4= Sec944 -- Section 944 Possessor of an inheritance
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=S=> BGB 944 The prescription period that has passed for the benefit of a possessor of an inheritance counts in favour of the heir .
=U4= Sec945 -- Section 945 Extinction of third party rights
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=S=> BGB 945 On the acquisition of ownership by prescription , the third-party rights in the thing that arose before the acquisition of proprietary possession are extinguished , unless the proprietary possessor is not in good faith with regard to these rights on the acquisition of proprietary possession or he learns of their existence only later . The period of prescription must be completed with regard to the third-party right too ; the provisions of sections 939 to 944 apply with the necessary modifications .
=U3= UTit3 -- Subtitle 3 Combination , intermixture , processing
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=U4= Sec946 -- Section 946 Combination with a plot of land
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=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
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=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
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=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
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=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
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=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
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=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
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=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 .
=U3= UTit4 -- Subtitle 4 Acquisition of products and other components of a thing
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=U4= Sec953 -- Section 953 Ownership of separated products and components
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=S=> BGB 953 Products and other components of a thing , even after separation , belong to the owner of the thing , unless sections 954 to 957 lead to a different conclusion .
=U4= Sec954 -- Section 954 Acquisition by person with real right
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=S=> BGB 954 A person who , by reason of a right in a thing belonging to another , is entitled to appropriate products or other components of the thing , acquires the ownership of them , notwithstanding the provisions of sections 955 to 957 , upon the separation .
=U4= Sec955 -- Section 955 Acquisition by proprietary possessor in good faith
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=S=> BGB 955. 1 A person who has a thing in his proprietary possession acquires the ownership of the products and other components that are among the fruits of the thing , notwithstanding the provisions of sections 956 and 957 , on the separation . Acquisition is excluded if the proprietary possessor is not entitled to proprietary possession or another person , by reason of a right in the thing , is entitled to receive the fruits and the proprietary possessor is not in good faith when he acquires proprietary possession or learns of the legal defect before the separation .
=S=> BGB 955. 2 Equivalent to the proprietary possessor is the person who possesses the thing for the purpose of exercising a right of use of it .
=S=> BGB 955. 3 Proprietary possession and possession equivalent to proprietary possession are governed by the provision of section 940 ( 2 ) with the necessary modifications .
=U4= Sec956 -- Section 956 Acquisition by person entitled in personam
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=S=> BGB 956. 1 Where the owner permits another person to appropriate to himself products or other components of the thing , the other person acquires the ownership of them , if the possession of the thing is entrusted to him , on separation , or otherwise on taking possession . If the owner is obliged to permit this , he may not revoke it as long as the other person is still in the possession of the thing that he was permitted .
=S=> BGB 956. 2 The same applies if the permission comes not from the owner but from another person to whom products or other components of a thing belong after separation .
=U4= Sec957 -- Section 957 Permission by the person not entitled
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=S=> BGB 957 The provision of section 956 applies even where the person who permits another to appropriate is not authorised to do this , unless the other person , if he is entrusted with the possession of the thing , is not in good faith when the thing is entrusted to him , or otherwise when he takes possession of the products or the other components , or if he learns of the legal defect before separation .
=U3= UTit5 -- Subtitle 5 Appropriation
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=U4= Sec958 -- Section 958 Acquisition of ownership of ownerless movable things
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=S=> BGB 958. 1 A person who takes proprietary possession of an ownerless movable thing acquires ownership of the thing .
=S=> BGB 958. 2 The ownership is not acquired if the appropriation is prohibited by law or if the taking possession injures the right of appropriation of another .
=U4= Sec959 -- Section 959 Abandonment of ownership
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=S=> BGB 959 A movable thing becomes ownerless if the owner , in the intention of waiving ownership , gives up the possession of the thing .
=U4= Sec960 -- Section 960 Wild animals
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=S=> BGB 960. 1 Wild animals are ownerless as long as they are free . Wild animals in zoos and fish in ponds or other self-contained private waters are not ownerless .
=S=> BGB 960. 2 Where a captured wild animal regains freedom , it becomes ownerless if the owner fails to pursue the animal without undue delay or if he gives up the pursuit .
=S=> BGB 960. 3 A tamed animal becomes ownerless if it gives up the habit of returning to the place determined for it .
=U4= Sec961 -- Section 961 Loss of ownership of bee swarms
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=S=> BGB 961 Where a swarm of bees takes flight , it becomes ownerless if the owner fails to pursue it without undue delay or if he gives up the pursuit .
=U4= Sec962 -- Section 962 Right of pursuit of the owner
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=S=> BGB 962 The owner of the swarm of bees may , in pursuit , enter on plots of land belonging to others . If the swarm has entered an unoccupied beehive belonging to another , the owner of the swarm , for the purpose of capturing it , may open the hive and remove or break out the combs . He must make compensation for the damage caused .
=U4= Sec963 -- Section 963 Merging of bee swarms
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=S=> BGB 963 If bee swarms of more than one owner that have moved out merge , the owners who have pursued their swarms become co-owners of the total swarm captured ; the shares are determined according to the number of swarms pursued .
=U4= Sec964 -- Section 964 Intermixture of bee swarms
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=S=> BGB 964 If a bee swarm has moved into an occupied beehive belonging to another , the ownership and the other rights in the bees that were occupying the beehive extend to the swarm that has moved in . The ownership and the other rights in the swarm that has moved in are extinguished .
=U3= UTit6 -- Subtitle 6 Finding
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=U4= Sec965 -- Section 965 Duty of the finder to notify
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=S=> BGB 965. 1 A person who finds a lost thing and takes possession of it must without undue delay notify the loser or the owner or another person entitled to receive .
=S=> BGB 965. 2 If the finder does not know the person entitled to receive or does not know that person's whereabouts , the finder must without undue delay notify the competent authority of the finding and the circumstances that may be material to determine the person entitled to receive . If the thing is not worth more than ten euros , no notification is necessary .
=U4= Sec966 -- Section 966 Duty of safekeeping
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=S=> BGB 966. 1 The finder has a duty to keep the thing in safe custody .
=S=> BGB 966. 2 If spoilage of the thing is to be feared , or if safekeeping is associated with disproportionately great costs , the finder must have the thing publicly auctioned . Before the auction , the competent authority must be notified . The proceeds of sale take the place of the thing .
=U4= Sec967 -- Section 967 Duty to deliver
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=S=> BGB 967 The finder is entitled and on the order of the competent authority obliged to deliver the thing or the auction proceeds to the competent authority .
=U4= Sec968 -- Section 968 Extent of liability
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=S=> BGB 968 The finder is responsible only for intent and gross negligence .
=U4= Sec969 -- Section 969 Return to the loser
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=S=> BGB 969 By the return of the thing to the loser , the finder is also released from liability in relation to the other persons entitled to receive it .
=U4= Sec970 -- Section 970 Reimbursement of expenses
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=S=> BGB 970 If the finder , for the purpose of safe custody or preservation of the thing or for the purpose of tracing a person entitled to receive it , incurs expenses which he may in the circumstances regard as necessary , he may require reimbursement from the person entitled to receive .
=U4= Sec971 -- Section 971 Finder's reward
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=S=> BGB 971. 1 The finder may require a finder's reward from the person entitled to receive . The finder's reward is five per cent of the value of the thing up to five hundred euros , three per cent of the value above this , and three per cent in the case of animals . If the thing is of value only for the person entitled to receive , the finder's reward is to be determined as appears just .
=S=> BGB 971. 2 The claim is excluded if the finder violates the duty of notification or conceals the finding on being questioned .
=U4= Sec972 -- Section 972 Right of retention of the finder
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=S=> BGB 972 The claims defined in sections 970 and 971 are governed by the provisions applying to the claims of the possessor against the owner for outlays in sections 1000 to 1002 , with the necessary modifications .
=U4= Sec973 -- Section 973 Acquisition of ownership by the finder
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=S=> BGB 973. 1 On the expiry of six months after the notification of the finding to the competent authority , the finder acquires the ownership of the thing , unless before this a person entitled to receive has become known to the finder or has notified the competent authority of his right . On the acquisition of ownership the other rights in the thing are extinguished .
=S=> BGB 973. 2 If the thing is worth no more than ten euros , the six-month period begins on the finding . The finder does not acquire ownership if he conceals the finding on being questioned . The notification of a right to the competent authority does not conflict with the acquisition of ownership .
=U4= Sec974 -- Section 974 Acquisition of ownership after concealment
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=S=> BGB 974 If , before the expiry of the six-month period , persons entitled to receive have become known to the finder or if , in the case of a thing that is worth more than ten euros , they have notified their rights to the competent authority in good time , the finder may require the persons entitled to receive under the provision of section 1003 to make a statement on the claims to which the finder is entitled under sections 970 to 972. On the expiry of the period laid down for the statement , the finder acquires the ownership and the other rights in the thing expire , unless the persons entitled to receive state in good time that they are prepared to satisfy the claims .
=U4= Sec975 -- Section 975 Rights of the finder after delivery
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=S=> BGB 975 The delivery of the thing or of the proceeds of the auction to the competent authority does not affect the rights of the finder . If the competent authority has the thing auctioned , the proceeds take the place of the thing . The competent authority may hand over the thing or the proceeds to a person entitled to receive only with the approval of the finder .
=U4= Sec976 -- Section 976 Acquisition of ownership by the municipality
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=S=> BGB 976. 1 If the finder waives in relation to the competent authority the right to acquire the ownership of the thing , the finder's right passes to the municipality of the location of the finding .
=S=> BGB 976. 2 If , after delivering the thing or the proceeds of auction to the competent authority under the provisions of sections 973 and 974 , the finder has acquired ownership , the ownership passes to the municipality of the location of the finding unless the finder , before the expiry of a period granted to him by the competent authority , requests the return .
=U4= Sec977 -- Section 977 Claim in enrichment
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=S=> BGB 977 A person who , under the provisions of sections 973 , 974 and 976 , suffers a loss of rights , may require , in the cases of sections 973 and 974 from the finder , in the cases of section 976 from the municipality of the location of the finding , the return of the property acquired as a result of the change of rights , under the provisions on the return of unjust enrichment . The claim is extinguished on the expiry of three years after the ownership passes to the finder or the municipality , unless it is judicially asserted prior to this .
=U4= Sec978 -- Section 978 Finding in public authority or transport agency
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=S=> BGB 978. 1 A person who finds a thing on the business premises or in the means of transport of a public authority or a transport agency serving public transport and takes possession of the thing must without undue delay deliver the thing to the authority or the transport agency or to one of their employees . The provisions of sections 965 to 967 and 969 to 977 do not apply .
=S=> BGB 978. 2 If the thing is worth no less than fifty euros , the finder may require a finder's reward from the person entitled to receive it . The finder's reward consists of half the amount that would result from applying section 971 ( 1 ) sentences 2 and 3. The claim is excluded if the finder is an employee of the authority or the transport agency or the finder violates the duty to deliver . The provision of section 1001 , which applies to the claims of the possessor against the owner for outlays , applies with the necessary modifications to the claim to a finder's reward . If there is a claim to a finder's reward , the authority or the transport agency must notify the finder of the return of the thing to the person entitled to receive .
=S=> BGB 978. 3 If the proceeds of auction or the money found passes to the person entitled under section 981 ( 1 ) , there is a claim to a finder's reward under ( 2 ) sentences 1 to 3 above against the person entitled . The claim is extinguished on the expiry of three years after it arises against the person entitled under sentence 1.
=U4= Sec979 -- Section 979 Sale ; authorisation to issue an ordinance
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=S=> BGB 979. 1 The authority or the transport agency may have the thing delivered to it publicly auctioned . The public authorities and the transport agency of the [ Reich ] , the states [ Bundesstaat ] and the municipalities may have the auction carried out by one of their officials .
=S=> BGB 979. 1a The auction may also take place on the Internet as a public auction , subject to the provisos of the following provisions .
=S=> BGB 979. 1b The Federal Government is authorised to designate by means of a legal ordinance without the consent of the Federal Council [ Bundesrat ] auction platforms for the area falling within its remit for the auctioning of lost-and-found items ; it may assign this authorisation by means of a legal ordinance to the supreme federal authorities with specialist responsibility . The Land governments are authorised to make corresponding arrangements for the areas falling within their remit by means of a legal ordinance ; they may assign the authorisation to the supreme Land authorities with specialist responsibility . The Länder may designate auction platforms which they use nationwide . They may agree to assign processing tasks to the competent agency of another Land .
=S=> BGB 979. 2 The proceeds of sale take the place of the thing .
=U4= Sec980 -- Section 980 Public notice of the finding
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=S=> BGB 980. 1 The auction is admissible only after the persons entitled to receive have been called on in a public notice of the finding which stipulates a time limit to notify their rights , and the time limit has passed ; it is inadmissible if notification was made in good time .
=S=> BGB 980. 2 The notice is not necessary if the spoilage of the thing is to be feared , or if safekeeping is associated with disproportionate costs .
=U4= Sec981 -- Section 981 Receipt of the proceeds of auction
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=S=> BGB 981. 1 If since the expiry of the time limit stipulated in the public notice three years have passed , the proceeds of the auction , unless a person entitled to receive has notified his right , in the case of [ Reich ] authorities and [ Reich ] transport utilities fall to the [ Reich ] fiscal authorities , in the case of Land authorities and Land transport agencies fall to the fiscal authorities of the state [ Bundesstaat ] , in the case of municipalities and municipality transport agencies fall to the municipality , in the case of transport agencies that are operated by a private person , fall to the private person . BGB 981. 2 If the auction takes place without the public notice , the three-year period only begins after the persons entitled to receive have been called on in a public notice of the finding to notify their rights . The same applies if found money has been delivered . BGB 981. 3 The costs are deducted from the amount to be returned .
=U4= Sec982 -- Section 982 Provisions for implementation
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=S=> BGB 982 The public notice prescribed in sections 980 and 981 is made in the case of [ Reich ] authorities and [ Reich ] agencies under the provisions enacted by the Federal Council [ Bundesrat ] , and in the other cases under the provisions issued by the central authority of the state [ Bundesstaat ] .
=U4= Sec983 -- Section 983 Undeliverable things in the possession of authorities
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=S=> BGB 983 Where a public authority is in possession of a thing that it is obliged to return , and the obligation is not contractual , then if the authority is unaware of the person entitled to receive or of the whereabouts of that person the provisions of sections 979 to 982 apply with the necessary modifications .
=U4= Sec984 -- Section 984 Treasure trove
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=S=> BGB 984 If a thing that has lain hidden for so long that the owner can no longer be established ( treasure ) is discovered and as a result of the discovery it is taken into possession , one half of the ownership is acquired by the discoverer , and the other half by the owner of the thing in which the treasure was hidden .
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