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Dokument BGB Book 3 Law of Property
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=U4= Sec1068 -- Section 1068 Statutory definition of usufruct in rights

-- =S=> BGB 1068. 1 The subject of the usufruct may also be a right .
=S=> BGB 1068. 2 Usufruct in rights is governed by the provisions on usufruct in things with the necessary modifications , except to the extent that sections 1069 to 1084 lead to a different conclusion .

=U4= Sec1069 -- Section 1069 Creation

-- =S=> BGB 1069. 1 The creation of the usufruct in a right is governed by the provisions applying to the transfer of the right .
=S=> BGB 1069. 2 No usufruct may be created in a right that is non-transferable .

=U4= Sec1070 -- Section 1070 Usufruct in a right to performance

-- =S=> BGB 1070. 1 If a right under which performance may be required is the subject of usufruct , the legal relationship between the usufructuary and the person obliged is governed by the provisions , with the necessary modifications , that apply to the legal relationship between the acquirer and the person obliged in the case of transfer of the right .
=S=> BGB 1070. 2 Where the exercise of the usufruct is transferred to an administrator under section 1052 , the transfer does not take effect in relation to the person obliged until he obtains knowledge of the judicial order made or if he is served with a notification of the judicial order . The same applies to the termination of the administration .

=U4= Sec1071 -- Section 1071 Termination or alteration of the encumbered right

-- =S=> BGB 1071. 1 A right subject to usufruct may be terminated by legal transaction only with the approval of the usufructuary . Approval is to be declared to the person in whose favour it is given ; it is irrevocable . The provision of section 876 sentence 3 is unaffected .
=S=> BGB 1071. 2 The same applies in the case of an alteration of the right , to the extent that this adversely affects the usufruct .

=U4= Sec1072 -- Section 1072 Termination of usufruct

-- =S=> BGB 1072 The termination of the usufruct , under the provisions of sections 1063 and 1064 , occurs even if the right subject to the usufruct is not a right to a movable thing .

=U4= Sec1073 -- Section 1073 Usufruct in a life annuity

-- =S=> BGB 1073 The usufructuary of a life annuity , a retirement security or a similar right is entitled to the individual benefits that may be demanded on the basis of the right .

=U4= Sec1074 -- Section 1074 Usufruct in a claim ; notice and collection

-- =S=> BGB 1074 The usufructuary of a claim is entitled to collect the claim and , if the due date is dependent on notice by the creditor , to give notice of termination . He must ensure proper collection . He is not entitled to make other dispositions of the claim .

=U4= Sec1075 -- Section 1075 Effect of performance

-- =S=> BGB 1075. 1 Upon the performance of the debtor to the usufructuary , the creditor acquires the object provided and the usufructuary acquires the usufruct in the object .
=S=> BGB 1075. 2 If consumable things are provided , the usufructuary acquires the ownership ; the provision of section 1067 applies with the necessary modifications .

=U4= Sec1076 -- Section 1076 Usufruct in claim bearing interest

-- =S=> BGB 1076 If an outstanding claim bearing interest is the subject of the usufruct , the provisions of sections 1077 to 1079 apply .

=U4= Sec1077 -- Section 1077 Notice and payment

-- =S=> BGB 1077. 1 The debtor may pay the capital only to the usufructuary and the creditor jointly . Each of them may require that payment be made to them jointly ; each may require , instead of payment , deposit for both of them .
=S=> BGB 1077. 2 The usufructuary and the creditor may give notice only jointly . The notice of the debtor is effective only if it is declared to the usufructuary and the creditor .

=U4= Sec1078 -- Section 1078 Cooperation in collection

-- =S=> BGB 1078 Where the claim is due , the usufructuary and the creditor are obliged to one another to cooperate in collection . If the due date depends on notice , either party may require the cooperation of the other in the notice , if the collection of the debt is necessary by reason of danger to its security under the rules of proper management of assets .

=U4= Sec1079 -- Section 1079 Investment of the capital

-- =S=> BGB 1079 The usufructuary and the creditor are obliged to each other to cooperate in order that the capital collected is invested with interest under the provisions applying to the investment of money held in trust for a ward and at the same time the usufruct is created for the usufructuary . The nature of the investment is determined by the usufructuary .

=U4= Sec1080 -- Section 1080 Usufruct in a land charge or annuity land charge

-- =S=> BGB 1080 The provisions on usufruct in a claim also apply to usufruct in a land charge and in an annuity land charge .

=U4= Sec1081 -- Section 1081 Usufruct in bearer instruments or instruments made out to order

-- =S=> BGB 1081. 1 If a bearer instrument or an instrument made out to order that bears a blank endorsement is the subject of usufruct , the possession of the instrument and of the renewal certificate relating to the instrument belongs to the usufructuary and the owner jointly . The possession of the interest , annuity or dividend coupons relating to the instrument belongs to the usufructuary .
=S=> BGB 1081. 2 To create the usufruct , the granting of co-possession is sufficient in place of the delivery of the instrument .

=U4= Sec1082 -- Section 1082 Deposit

-- =S=> BGB 1082 The instrument and the renewal certificate , at the request of the usufructuary or the owner , must be deposited at a depositary institution with the stipulation that delivery may be requested only by the usufructuary and the owner jointly . The usufructuary may also require deposit at the [ Reichsbank ] , at the [ Deutsche Zentralgenossenschaftskasse ] or at the [ Deutsche Girozentrale ] ( [ Deutsche Kommunalbank ] ) .

=U4= Sec1083 -- Section 1083 Cooperation in collection

-- =S=> BGB 1083. 1 The usufructuary and the owner of the instrument are obliged to each other to cooperate for the purpose of collecting the capital due , of obtaining new interest , annuity or dividend coupons and of undertaking other measures that are necessary for proper asset management .
=S=> BGB 1083. 2 In the case of the redemption of the instrument , the provisions of section 1079 apply . A premium paid on redemption is deemed to be part of the capital .

=U4= Sec1084 -- Section 1084 Consumable things

-- =S=> BGB 1084 If a bearer instrument or an instrument made out to order that bears a blank endorsement is , under section 92 , among consumable things , the provisions of section 1067 apply .