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Dokument BGB Book 3 Law of Property
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=U4= Sec1085 -- Section 1085 Creation of usufruct in property

-- =S=> BGB 1085 Usufruct in the assets of a person may be created only in such a way that the usufructuary obtains the usufruct in the individual objects constituting the assets . To the extent that the usufruct has been created , the provisions of sections 1086 to 1088 apply .

=U4= Sec1086 -- Section 1086 Rights of the creditors of the grantor

-- =S=> BGB 1086 The creditors of the grantor may , insofar as their claims arose before the grant , notwithstanding the usufruct , require satisfaction from the objects subject to the usufruct . If the usufructuary has obtained the ownership of consumable things , the claim of the grantor to reimbursement of the value takes the place of the things ; the usufructuary is obliged to reimburse the creditors without delay .

=U4= Sec1087 -- Section 1087 Relationship between usufructuary and grantor

-- =S=> BGB 1087. 1 The grantor may , if a claim that arose before the grant is due , require the usufructuary to return the objects necessary to satisfy the creditor . He has the right of selection ; however , he may select only the objects that are primarily suitable . To the extent that the objects returned are sufficient , the grantor is obliged in relation to the usufructuary to satisfy the creditor .
=S=> BGB 1087. 2 The usufructuary may satisfy the obligation by providing the object owed . Where the object owed is not among the assets that are subject to the usufruct , the usufructuary is entitled , for the purpose of satisfying the creditor , to alienate an object among the assets , if it is not possible without risk to await satisfaction by the grantor . He must select an object that is primarily suitable . If he is obliged to reimburse the value of consumable things , he may not undertake a disposal .

=U4= Sec1088 -- Section 1088 Liability of the usufructuary

-- =S=> BGB 1088. 1 The creditors of the grantor whose claims were already subject to interest at the time of the grant may for the duration of the usufruct also require the interest from the usufructuary . The same applies to other recurrent payments that in the case of proper management are satisfied from the income of the assets , if the claim arose before the usufruct was granted .
=S=> BGB 1088. 2 The liability of the usufructuary may not be excluded or restricted by agreement between him and the grantor .
=S=> BGB 1088. 3 The usufructuary is obliged in relation to the grantor to satisfy the creditors with regard to the claims set out in subsection ( 1 ) . The grantor may require the return of objects for the purpose of satisfaction only if the usufructuary is in default in fulfilling this obligation .

=U4= Sec1089 -- Section 1089 Usufruct in an inheritance

-- =S=> BGB 1089 The provisions of sections 1085 to 1088 apply with the necessary modifications to usufruct in an inheritance .