190
=S=> BGB 1258. 1 If there is a pledge relating to the share of a co-owner , the pledgee exercises the rights that arise from the community of co-owners with regard to the management of the thing and the nature of its use .
=S=> BGB 1258. 2 The dissolution of the community may , before the pledgee's right of sale comes into existence , be demanded only by the co-owner and the pledgee jointly . After the right of sale has come into existence , the pledgee may demand that the community be dissolved without a need for the approval of the co-owner ; he is not obliged by an agreement by which the co-owners have permanently or temporarily excluded the right to demand the dissolution of the community or have determined a period for notice of termination .
=S=> BGB 1258. 3 If the community is dissolved , the pledgee is entitled to a pledge over the objects of property that take the place of the share .
=S=> BGB 1258. 4 The right of the pledgee to sell the share is unaffected .
|
