5339
=U3= UTit1 -- Subtitle 1 Usufruct in things
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=U4= Sec1030 -- Section 1030 Statutory definition of usufruct in things
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=S=> BGB 1030. 1 A thing can be encumbered in such a way that the person for whose benefit the encumbrance is made is entitled to take the emoluments of the thing ( usufruct ) .
=S=> BGB 1030. 2 The usufruct may be restricted by the exclusion of individual emoluments .
=U4= Sec1031 -- Section 1031 Application to accessories
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=S=> BGB 1031 Together with the usufruct in a plot of land , the usufructuary acquires the usufruct in the accessories under the provisions of section 926 governing the acquisition of ownership .
=U4= Sec1032 -- Section 1032 Creation of usufruct in movable things
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=S=> BGB 1032 For the creation of usufruct in a movable thing , it is necessary that the owner delivers the thing to the acquirer and both agree that the usufruct is to pass to the acquirer . The provisions of sections 929 sentence 2 , 930 to 932 and 933 to 936 apply with the necessary modifications ; in the cases of section 936 , the only effect that arises is that the usufruct takes priority over the third party's right .
=U4= Sec1033 -- Section 1033 Acquisition by prescription
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=S=> BGB 1033 Usufruct in a movable thing may be acquired by prescription . The provisions governing the acquisition of ownership by prescription apply with the necessary modifications .
=U4= Sec1034 -- Section 1034 Determination of the condition
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=S=> BGB 1034 The usufructuary may have the condition of the thing determined by experts at his own cost . The owner has the right to do this too .
=U4= Sec1035 -- Section 1035 Usufruct in aggregate of things ; itemised list
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=S=> BGB 1035 In the case of usufruct in an aggregate of things , the usufructuary and the owner have the mutual duty to cooperate in making an itemised list of the things . The itemised list must state the date of entry and be signed by both parties ; each party may require the signatures to be notarially certified . Each party may also require the itemised list to be made by the competent authority or by a competent official or notary . The costs must be borne and advanced by the person who requires the making or the certification of the list .
=U4= Sec1036 -- Section 1036 Right of possession ; exercise of usufruct
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=S=> BGB 1036. 1 The usufructuary is entitled to possess the thing .
=S=> BGB 1036. 2 In exercising the right of use , he must retain the previous economic purpose of the thing and must proceed in compliance with the rules of proper management .
=U4= Sec1037 -- Section 1037 Transformation
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=S=> BGB 1037. 1 The usufructuary is not entitled to transform the thing or substantially change it .
=S=> BGB 1037. 2 The usufructuary of a plot of land may erect new facilities to extract stone , gravel , sand , loam , clay , marl , peat and other components of the ground , except where the economic purpose of the plot of land is materially altered as a result .
=U4= Sec1038 -- Section 1038 Economic plan for forests and mines
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=S=> BGB 1038. 1 If a forest is the subject of usufruct , both the owner and the usufructuary may require that the degree of use and the nature of the economic treatment are laid down in an economic plan . If a substantial change of circumstances occurs , each party may require a corresponding change of the economic plan . Each party must bear one half of the costs .
=S=> BGB 1038. 2 The same applies if a mine or another installation designed to extract components of the ground is the subject of usufruct .
=U4= Sec1039 -- Section 1039 Excessive taking of fruits
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=S=> BGB 1039. 1 The usufructuary also acquires the ownership of such fruits as he takes contrary to the rules of proper management or such fruits as he takes in excess because this has become necessary as the result of a particular event . However , notwithstanding his responsibility for fault , he is obliged to reimburse the owner the value of the fruits at the end of the usufruct and to provide security for the fulfilment of this obligation . Both the owner and the usufructuary may require that the amount to be reimbursed is used to restore the thing to the extent that this complies with proper management .
=S=> BGB 1039. 2 If the outlay is not required to restore the thing , the duty to reimburse ends to the extent that the emoluments due to the usufructuary are adversely affected by the improper or excessive taking of emoluments .
=U4= Sec1040 -- Section 1040 Treasure
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=S=> BGB 1040 The right of the usufructuary does not extend to the share of the owner in a treasure that is found in the thing .
=U4= Sec1041 -- Section 1041 Maintenance of the thing
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=S=> BGB 1041 The usufructuary must provide for the maintenance of the thing in its economic condition . He is obliged to carry out repairs and renovations only to the extent that they are part of the normal maintenance of the thing .
=U4= Sec1042 -- Section 1042 Duty of notification by the usufructuary
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=S=> BGB 1042 If the thing is destroyed or damaged or if an extraordinary repair or renovation of the thing or a precaution for protection of the thing against a danger that was not foreseen becomes necessary , the usufructuary must notify the owner without undue delay . The same applies if a third party claims for himself a right in the thing .
=U4= Sec1043 -- Section 1043 Repair or renovation
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=S=> BGB 1043 If the usufructuary of a plot of land undertakes an extraordinary repair or renovation that has become necessary himself , he may for this purpose , within the limits of proper management , also use components of the plot of land that are not part of the fruits due to him .
=U4= Sec1044 -- Section 1044 Toleration of repairs
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=S=> BGB 1044 Where the usufructuary does not undertake a repair or reparation of the thing that has become necessary himself , he must permit the owner to undertake it and , if a plot of land is the subject of the usufruct , permit the use of the components of the plot of land set out in section 1043.
=U4= Sec1045 -- Section 1045 Obligation of the usufructuary to insure
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=S=> BGB 1045. 1 The usufructuary must insure the thing for the duration of the usufruct against damage by fire and other accidents at his own cost , if the insurance corresponds to proper management . The insurance must be taken out in such a way that the claim against the insurer belongs to the owner .
=S=> BGB 1045. 2 If the thing is already insured , the payments to be paid for the insurance are borne by the usufructuary for the duration of the usufruct to the extent that he would be obliged to insure .
=U4= Sec1046 -- Section 1046 Usufruct in an insurance claim
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=S=> BGB 1046. 1 The usufructuary has the usufruct in a claim against an insurer under the provisions that govern usufruct in an outstanding claim that bears interest .
=S=> BGB 1046. 2 If damage covered by the insurance occurs , both the owner and the usufructuary may require that the amount insured is used to restore the thing or to obtain a replacement to the extent that corresponds to proper management . The owner may arrange for the use himself or leave it to the usufructuary .
=U4= Sec1047 -- Section 1047 Bearing of charges
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=S=> BGB 1047 The usufructuary is obliged to the owner to bear for the duration of the usufruct the public charges to which the thing is subject , with the exclusion of the extraordinary charges that are to be seen as based on the original value of the thing , and the private-law charges to which the thing was already subject at the date when the usufruct in the thing was created , in particular the interest on mortgage claims and land charges and the payment to be made on the basis of an annuity land charge .
=U4= Sec1048 -- Section 1048 Usufruct in plot of land with stock
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=S=> BGB 1048. 1 If a plot of land together with its stock is the subject of usufruct , then the usufructuary may dispose of the individual items of the stock within the limits of proper management . He must obtain replacements for the normal loss by wastage and for the items eliminated under the rules of proper management ; the items acquired by him , on being incorporated into the stock , become the property of the person to whom the stock belongs .
=S=> BGB 1048. 2 If the usufructuary acquires the stock at an estimated value with the obligation to return it at the end of the usufruct at the estimated value , the provisions of section 582a apply with the necessary modifications .
=U4= Sec1049 -- Section 1049 Reimbursement of outlays
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=S=> BGB 1049. 1 If the usufructuary makes outlays on the thing which he is not obliged to incur , the duty of the owner to reimburse him is governed by the provisions on agency without specific authorisation .
=S=> BGB 1049. 2 The usufructuary is entitled to remove an installation with which he has provided the thing .
=U4= Sec1050 -- Section 1050 Wear and tear
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=S=> BGB 1050 The usufructuary is not responsible for alterations or deterioration of the thing that are caused by the proper exercise of the usufruct .
=U4= Sec1051 -- Section 1051 Provision of security
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=S=> BGB 1051 If the conduct of the usufructuary gives rise to fear of a material injury to the rights of the owner , the owner may require security .
=U4= Sec1052 -- Section 1052 Judicial management in the absence of security
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=S=> BGB 1052. 1 If the usufructuary is finally and non-appealably ordered to provide security , the owner may , instead of the security , require the exercise of the usufruct for the account of the usufructuary to be transferred to an administrator to be appointed by the court . A judicial order of administration is admissible only if , on the application of the owner , the court has laid down a period for the usufructuary to provide security and the period has expired ; it is inadmissible if the security is provided before the expiry of the period .
=S=> BGB 1052. 2 The administrator is under the supervision of the court in the same way as an administrator appointed for the judicially enforced administration of a plot of land . The owner may also be the administrator .
=S=> BGB 1052. 3 The administration must be terminated if the security is subsequently provided .
=U4= Sec1053 -- Section 1053 Application for a prohibitory injunction in the case of unauthorised use
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=S=> BGB 1053 If the usufructuary uses the thing in a way in which he is not authorised , and if he continues the use notwithstanding a warning notice from the owner , the owner may seek a prohibitory injunction .
=U4= Sec1054 -- Section 1054 Judicial administration on the basis of breach of duty
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=S=> BGB 1054 If the usufructuary violates the rights of the owner to a substantial degree , and if he continues the injuring conduct notwithstanding a warning notice from the owner , the owner may require administration to be judicially ordered under section 1052.
=U4= Sec1055 -- Section 1055 Duty of return of the usufructuary
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=S=> BGB 1055. 1 The usufructuary is obliged to return the thing to the owner after the end of the usufruct .
=S=> BGB 1055. 2 In the case of usufruct in an agricultural plot of land , the provisions of section 596 ( 1 ) and section 596a , and in the case of usufruct in an agricultural estate the provisions of sections 596 ( 1 ) , 596a and 596b , apply with the necessary modifications .
=U4= Sec1056 -- Section 1056 Leases and usufructuary leases at the end of the usufruct
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=S=> BGB 1056. 1 If the usufructuary has leased a plot of land , on a lease or a usufructuary lease , beyond the term of the usufruct , then after the end of the usufruct , the provisions of sections 566 , 566a , 566b ( 1 ) , and also sections 566c to 566e and 567b governing the disposal of leased residential space apply with the necessary modifications .
=S=> BGB 1056. 2 The owner is entitled to terminate the lease or usufructuary lease , complying with the statutory notice period . If the usufructuary waives the usufruct , the termination is admissible only from the time on at which the usufruct would be extinguished without the waiver .
=S=> BGB 1056. 3 The lessee or usufructuary lessee is entitled to request the owner , laying down a reasonable notice period , to state whether the owner intends to exercise his right of termination . Notice of termination may be given only until the expiry of the notice period .
=U4= Sec1057 -- Section 1057 Limitation of compensation claims
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=S=> BGB 1057 The claims for compensation of the owner for alterations or deterioration of the thing and the claims of the usufructuary to reimbursement of outlays or to permission to remove an installation are subject to a six-month limitation period . The provision of section 548 ( 1 ) sentence 2 and 3 , ( 2 ) applies with the necessary modifications .
=U4= Sec1058 -- Section 1058 Grantor as owner
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=S=> BGB 1058 In the relation between the usufructuary and the owner , in favour of the usufructuary the grantor is deemed to be the owner , unless the usufructuary knows that the grantor is not the owner .
=U4= Sec1059 -- Section 1059 Non-transferability ; permission of exercise
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=S=> BGB 1059 Usufruct is not transferable . The exercise of usufruct may be ceded to another .
=U4= Sec1059a -- Section 1059a Transferability in the case of legal person or partnership having legal personality
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=S=> BGB 1059a. 1 If a usufruct is held by a legal person , it is transferable under the following provisions : Where the property of the legal person , by way of universal succession , passes to another , the usufruct too passes to the successor in title , unless passing is expressly excluded . Where another enterprise operated by a legal person or a part of such an enterprise is transferred to another , a usufruct may also be transferred to the acquirer if it is suitable to serve the purposes of the enterprise or of the part of the enterprise . Whether these requirements are satisfied is established by a declaration of the competent Land authority . The declaration binds the courts and the administrative authorities . The Land governments specify the competent Land authority by statutory order . The Land governments may , by statutory order , transfer the authorisation to the Land justice administration authorities .
=S=> BGB 1059a. 2 A partnership having legal personality is equivalent to a legal person .
=U4= Sec1059b -- Section 1059b Non-distrainability
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=S=> BGB 1059b A usufruct may , by reason of the provision of section 1059a , neither be seized , nor pledged , nor encumbered by a usufruct .
=U4= Sec1059c -- Section 1059c Passing or transfer of usufruct
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=S=> BGB 1059c. 1 In the case of the passing or transfer of the usufruct , the acquirer , in place of the person previously entitled , enters into the rights and obligations associated with the usufruct in relation to the owner . If , in view of these rights and duties , agreements have been made between the owner and the person entitled , these also take effect in favour of and against the acquirer .
=S=> BGB 1059c. 2 The passing or the transfer of the usufruct creates a claim to damages neither for the owner nor for other persons with real rights .
=U4= Sec1059d -- Section 1059d Leases and usufructuary leases on the transfer of the usufruct
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=S=> BGB 1059d If the person previously entitled has leased the plot of land encumbered with the usufruct , on a lease or a usufructuary lease , beyond the term of the usufruct , then after the transfer of the usufruct , the provisions of sections 566 to 566e , 567a and 567b governing the disposal of leased residential space apply with the necessary modifications .
=U4= Sec1059e -- Section 1059e Claim to grant of the usufruct
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=S=> BGB 1059e If a legal person or a partnership having legal personality has a claim to be granted a usufruct , the provisions of sections 1059a to 1059d apply with the necessary modifications .
=U4= Sec1060 -- Section 1060 Coincidence of more than one right of use
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=S=> BGB 1060 If a usufruct coincides with another usufruct or with another right of use of the thing in such a way that the rights cannot concurrently be exercised or fully exercised , and if the rights are of the same priority , the provision of section 1024 applies .
=U4= Sec1061 -- Section 1061 Death of the usufructuary
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=S=> BGB 1061 The usufruct is extinguished with the death of the usufructuary . If the usufruct is due to a legal person or a partnership with legal personality , it is extinguished when the legal person or partnership with legal personality ends .
=U4= Sec1062 -- Section 1062 Extension of termination to accessories
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=S=> BGB 1062 If the usufruct in a plot of land is terminated by legal transaction , the termination , in case of doubt , extends to the usufruct in the accessories .
=U4= Sec1063 -- Section 1063 Coincidence with ownership
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=S=> BGB 1063. 1 The usufruct in a movable thing is extinguished if it coincides with ownership in the same person .
=S=> BGB 1063. 2 The usufruct is deemed not to have been extinguished to the extent that the owner has a legal interest in the continuation of the usufruct .
=U4= Sec1064 -- Section 1064 Termination of usufruct in movable things
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=S=> BGB 1064 In order to terminate by legal transaction usufruct in a movable thing , the declaration of the usufructuary to the owner or the grantor that he is abandoning the usufruct is sufficient .
=U4= Sec1065 -- Section 1065 Adverse effect on right of usufruct
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=S=> BGB 1065 If the right of the usufructuary is adversely affected , the claims of the usufructuary are governed by the provisions applying to claims arising from ownership with the necessary modifications .
=U4= Sec1066 -- Section 1066 Usufruct in the share of a co-owner
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=S=> BGB 1066. 1 If there is a usufruct in the share of a co-owner , the usufructuary exercises the rights that arise from the co-ownership of the co-owners with regard to the administration of the thing and the manner of its use .
=S=> BGB 1066. 2 The cancellation of the co-ownership may be required only jointly by the co-owners and the usufructuary .
=S=> BGB 1066. 3 If the co-ownership is cancelled , the usufructuary has a right to the usufruct in the objects that take the place of the share .
=U4= Sec1067 -- Section 1067 Usufruct in consumable things
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=S=> BGB 1067. 1 If consumable things are the subject of the usufruct , then the usufructuary becomes the owner of the things ; after the usufruct ends , he must reimburse the grantor the value that the things had at the time of the creation of usufruct . Both the grantor and the usufructuary may have the value established by experts at their own cost .
=S=> BGB 1067. 2 The grantor may require the provision of security if the claim to reimbursement of the value is endangered .
=U3= UTit2 -- Subtitle 2 Usufruct in rights
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=U4= Sec1068 -- Section 1068 Statutory definition of usufruct in rights
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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
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=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 .
=U3= UTit3 -- Subtitle 3 Usufruct in property
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=U4= Sec1085 -- Section 1085 Creation of usufruct in property
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=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
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=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
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=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
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=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
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=S=> BGB 1089 The provisions of sections 1085 to 1088 apply with the necessary modifications to usufruct in an inheritance .
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