9114
=U2= Sec854 -- Section 854 Acquisition of possession
--
=S=> BGB 854. 1 Possession of a thing is acquired by obtaining actual control of the thing .
=S=> BGB 854. 2 Agreement between the previous possessor and the acquirer is sufficient for acquisition if the acquirer is in a position to exercise control over the thing .
=U2= Sec855 -- Section 855 Agent in possession
--
=S=> BGB 855 If a person exercises actual control over a thing for another in the other's household or in the other's trade or business or in a similar relationship , by virtue of which he has to follow instructions from the other that relate to the thing , only the other shall be the possessor .
=U2= Sec856 -- Section 856 Ending of possession
--
=S=> BGB 856. 1 Possession comes to an end as a result of the possessor giving up actual control of the thing or losing actual control in another way .
=S=> BGB 856. 2 Possession does not come to an end as a result of the possessor being prevented in a way that is temporary in nature from exercising control .
=U2= Sec857 -- Section 857 Inheritability
--
=S=> BGB 857 Possession passes to the heir .
=U2= Sec858 -- Section 858 Unlawful interference with possession
--
=S=> BGB 858. 1 A person who , against the will of the possessor , deprives the possessor of possession or interferes with the possessor's possession acts , except where the deprivation or the interference is permitted by law , unlawfully ( unlawful interference with possession ) .
=S=> BGB 858. 2 The possession obtained as a result of unlawful interference is defective . The successor in possession must allow the defectiveness to be asserted against him if he is the heir of the possessor or he knows when he acquires possession that the possession of his predecessor was defective .
=U2= Sec859 -- Section 859 Self-help by the possessor
--
=S=> BGB 859. 1 The possessor may use force to defend himself against unlawful interference .
=S=> BGB 859. 2 If a movable thing is taken away from the possessor by unlawful interference , the possessor may use force to remove it from the interferer who is caught in the act or pursued .
=S=> BGB 859. 3 If the possessor of a plot of land is deprived of possession by unlawful interference , the possessor may recover possession immediately after the deprivation of possession by removing the interferer .
=S=> BGB 859. 4 The possessor has the same rights against a person who under section 858 ( 2 ) above must allow the defectiveness of the possession to be asserted against himself .
=U2= Sec860 -- Section 860 Self-help by the agent in possession
--
=S=> BGB 860 The rights to which the possessor is entitled under section 859 above may also be exercised by the person who exercises actual control for the possessor under section 855.
=U2= Sec861 -- Section 861 Claim on account of deprivation of possession
--
=S=> BGB 861. 1 If the possessor is deprived of possession by unlawful interference , the possessor may require possession to be restored by the person who is in defective possession in relation to him .
=S=> BGB 861. 2 The claim is excluded if the possession that was removed was defective in relation to the present possessor or his predecessor in title and was obtained in the last year before the deprivation of possession .
=U2= Sec862 -- Section 862 Claim on account of interference with possession
--
=S=> BGB 862. 1 If the possessor is disturbed in his possession by unlawful interference , he may require the disturber to remove the disturbance . If further disturbances are to be feared , the possessor may seek a prohibitory injunction .
=S=> BGB 862. 2 The claim is excluded if the possessor possesses the property defectively in relation to the disturber or the predecessor in title of the disturber and the possession was obtained in the last year before the disturbance .
=U2= Sec863 -- Section 863 Objections of the remover or disturber
--
=S=> BGB 863 In response to the claims set out in sections 861 and 862 above , a right of possession or to act in disturbance of possession may be asserted only to justify the submission that the deprivation or disturbance of possession is not unlawful interference .
=U2= Sec864 -- Section 864 Extinction of claims to possession
--
=S=> BGB 864. 1 A claim based on sections 861 or 862 is extinguished at the end of one year after the act of unlawful interference , unless the claim is asserted in a legal action before this date .
=S=> BGB 864. 2 Extinction also occurs if it is established by a final and absolute judgment , after the act of unlawful interference takes place , that the interferer has a right to the property by virtue of which he may require a possessory status corresponding to his manner of acting to be established .
=U2= Sec865 -- Section 865 Part possession
--
=S=> BGB 865 The provisions of sections 858 to 864 above also apply in favour of a person who possesses only part of a thing , in particular separate residential space or other space .
=U2= Sec866 -- Section 866 Co-possession
--
=S=> BGB 866 If more than one person has co-possession of property , there shall be no protection of possession in their relationship to each other with regard to the limits of the use to which each of them is entitled .
=U2= Sec867 -- Section 867 Right of pursuit of the possessor
--
=S=> BGB 867 If a thing leaves the control of the possessor and arrives on a plot of land in the possession of another , the possessor of the plot of land must permit the possessor of the thing to find and remove the thing , unless possession has meanwhile been taken of the thing . The possessor of the plot of land may require compensation for the damage caused by the finding and removal . Where it is to be feared that damage will be caused , the possessor of the land may refuse permission until he is given security ; it is inadmissible to refuse permission if delay entails danger .
=U2= Sec868 -- Section 868 Indirect possession
--
=S=> BGB 868 If a person possesses a thing as a usufructuary , a pledgee , a usufructuary lessee , a lessee , a depositary or in a similar relationship by virtue of which he is , in relation to another , entitled to possession or obliged to have possession for a period of time , the other person shall also be a possessor ( indirect possession ) .
=U2= Sec869 -- Section 869 Claims of the indirect possessor
--
=S=> BGB 869 If there is unlawful interference with the possessor's possession , the indirect possessor also has the claims set out in sections 861 and 862 above . If the possessor is deprived of possession , the indirect possessor is entitled to require possession to be restored to the previous possessor ; if the latter cannot or does not wish to retake possession , the indirect possessor may require that possession is granted to the indirect possessor himself . Under the same condition , the indirect possessor , in the case set out in section 867 , may require that he himself is permitted to find and remove the thing .
=U2= Sec870 -- Section 870 Transfer of indirect possession
--
=S=> BGB 870 Indirect possession may be transferred to another by assigning to the other the claim to return of the thing .
=U2= Sec871 -- Section 871 Multilevel indirect possession
--
=S=> BGB 871 If the indirect possessor is in a relationship with a third party of the nature set out in section 868 above , the third party is also an indirect possessor .
=U2= Sec872 -- Section 872 Proprietary possession
--
=S=> Division 2 General provisions on rights in land
=U2= Sec873 -- Section 873 Acquisition by agreement and registration
--
=S=> BGB 873. 1 The transfer of the ownership of a plot of land , the encumbrance of a plot of land with a right and the transfer or encumbrance of such a right require agreement between the person entitled and the other person on the occurrence of the change of rights and the registration of the change of rights in the Land Register , except insofar as otherwise provided by law .
=S=> BGB 873. 2 Before the registration , the parties are bound by the agreement only if the declarations are notarially recorded , or made before the Land Registry , or submitted to the Land Registry , or if the person entitled has delivered to the other person an approval of registration that satisfies the provisions of the Land Register Act [ Grundbuchordnung ] .
=U2= Sec874 -- Section 874 Reference to approval of registration
--
=S=> BGB 874 On the registration of a right , which encumbers a plot of land , reference may be made , for a more detailed description of the contents of the right , to the approval of registration , to the extent that the law does not provide otherwise .
=U2= Sec875 -- Section 875 Cancellation of a right
--
=S=> BGB 875. 1 The cancellation of a right in a plot of land , except insofar as otherwise provided by law , requires a declaration by the person entitled that he surrenders the right , and the deletion of the right in the Land Register . The declaration must be made to the Land Registry or to the person for whose benefit it is made .
=S=> BGB 875. 2 Before the deletion , the person entitled is obliged by his declaration only if he has made it to the Land Registry or has delivered to the person for whose benefit it is made an approval of the deletion that complies with the provisions of the Land Register Act [ Grundbuchordnung ] .
=U2= Sec876 -- Section 876 Cancellation of an encumbered right
--
=S=> BGB 876 If a right in a plot of land is encumbered with the right of a third party , the cancellation of the encumbered right requires the approval of the third party . Where the right to be cancelled is that of the current owner of another plot of land , then , if that plot of land is encumbered with the right of a third party , the approval of the third party is necessary , unless the right of the third party is not affected by the cancellation . The approval must be declared to the Land Registry or to the person for whose benefit it is made ; it is irrevocable .
=U2= Sec877 -- Section 877 Alterations of rights
--
=S=> BGB 877 The provisions of sections 873 , 874 and 876 also apply to alterations of the contents of a right in a plot of land .
=U2= Sec878 -- Section 878 Subsequent restrictions on disposition
--
=S=> BGB 878 A declaration by the person entitled made under sections 873 , 875 or 877 does not become ineffective as a result of the person entitled being restricted in disposition after the declaration has a binding effect for him and the application for registration has been made to the Land Registry .
=U2= Sec879 -- Section 879 Order of priority of more than one right
--
=S=> BGB 879. 1 The order of priority of more than one right with which a plot of land is encumbered is determined , if the rights are entered in the same section of the Land Register , by the sequence of the entries . If the rights are entered in different sections , the right entered stating an earlier date has priority ; rights that are entered stating the same date have the same priority .
=S=> BGB 879. 2 The entry is conclusive as to the order of priority even if the agreement required under section 873 above for the acquisition of the right was reached only after the entry .
=S=> BGB 879. 3 An arrangement of the order of priority that deviates from this must be registered in the Land Register .
=U2= Sec880 -- Section 880 Change of priority
--
=S=> BGB 880. 1 The order of priority may be altered subsequently .
=S=> BGB 880. 2 For the change of priority , the agreement of the person taking lower priority and of the person taking higher priority and the registration of the change in the Land Register are necessary ; the provisions in section 873 ( 2 ) and section 878 above apply . If a mortgage , a land charge , or an annuity land charge is to take lower priority , the approval of the owner is also necessary . Approval must be declared to the Land Registry or one of the persons involved ; it is irrevocable .
=S=> BGB 880. 3 If the right taking lower priority is encumbered with the right of a third party , the provisions in section 876 apply with the necessary modifications .
=S=> BGB 880. 4 The priority accorded to the right that takes higher priority is not lost as a result of the right that takes lower priority being cancelled by legal transaction .
=S=> BGB 880. 5 Rights whose priority is between that of the right taking lower priority and the right taking higher priority are not affected by the change of priority .
=U2= Sec881 -- Section 881 Reservation of priority
--
=S=> BGB 881. 1 Upon the encumbrance of the plot of land with a right , the owner may reserve the power to have another right whose scope is defined registered with priority before that right .
=S=> BGB 881. 2 The reservation must be registered in the Land Registry ; the registration must be made under the right that is to take lower priority .
=S=> BGB 881. 3 If the plot of land is disposed of , the reserved power passes to the acquirer .
=S=> BGB 881. 4 If the plot of land , before the entry of the right which is given priority , is encumbered with a right without such a reservation , the priority has no effect to the extent that the right registered subject to the reservation would , as a result of the encumbrance effected in the interim period , suffer an encroachment exceeding the reservation .
=U2= Sec882 -- Section 882 Maximum amount of compensation for lost value
--
=S=> BGB 882 Where a plot of land is encumbered with a right for which , under the provisions applying to compulsory auction , if the right is extinguished by the acceptance of the bid , the person entitled is to be compensated from the proceeds of sale , the maximum amount of compensation may be determined . The determination must be registered in the Land Register .
=U2= Sec883 -- Section 883 Requirements and effect of priority notice
--
=S=> BGB 883. 1 To secure a claim to the grant or cancellation of a right in a plot of land or in a right encumbering the plot of land or to the alteration of the contents or the priority of such a right , a priority notice may be entered in the Land Register . The registration of a priority notice is also admissible to secure a future or a conditional claim .
=S=> BGB 883. 2 A disposition that is made , after the registration of the priority notice , of the plot of land or of the right , is ineffective to the extent that it would defeat or adversely affect the claim . This also applies if the disposition is made by way of compulsory execution or enforcement of an attachment order or by the administrator in insolvency proceedings .
=S=> BGB 883. 3 The priority of the right to the grant of which the claim relates is determined according to the registration of the priority notice .
=U2= Sec884 -- Section 884 Effect in relation to heirs
--
=S=> BGB 884 To the extent that the claim is secured by the priority notice , the heir of the person under an obligation may not rely on the restriction of his liability .
=U2= Sec885 -- Section 885 Requirement for the registration of the priority notice
--
=S=> BGB 885. 1 The registration of a priority notice is made on the basis of an interim injunction or on the basis of the approval of the person whose plot of land or whose right is affected by the priority notice . For the issuing of the interim injunction it is not necessary for an endangerment of the claim to be secured to be credibly established .
=S=> BGB 885. 2 When the registration is made , for a more detailed description of the claim to be secured , reference may be made to the interim injunction or to the approval of registration .
=U2= Sec886 -- Section 886 Claim for removal
--
=S=> BGB 886 If the person whose plot of land or whose right is affected by the priority notice has a defence that permanently excludes the assertion of the claim secured by the priority notice , the person may require the priority notice claimant to have the priority notice removed .
=U2= Sec887 -- Section 887 Public notice of the priority notice claimant
--
=S=> BGB 887 Where the person whose claim is secured by the priority notice is unknown , his right may be excluded by way of public notice procedure if the requirements for the exclusion of a mortgage creditor laid down in section 1170 are satisfied . When the exclusory order comes into legal effect , the effect of the priority notice is extinguished .
=U2= Sec888 -- Section 888 Claim to approval of the person entitled to the priority notice
--
=S=> BGB 888. 1 To the extent that the acquisition of a registered right or of a right to such a right is ineffective against the person for whose benefit the priority notice exists , this person may require from the acquirer the approval of the registration or the deletion that is necessary to realise the claim secured by the priority notice . BGB 888. 2 The same applies if the claim is secured by a prohibition on disposal .
=U2= Sec889 -- Section 889 Exclusion of merger for real rights
--
=S=> BGB 889 A right in a plot of land belonging to another does not expire by reason of the owner of the plot of land acquiring the right in the plot of land or the person entitled acquiring the ownership of the plot of land .
=U2= Sec890 -- Section 890 Union of plots of land ; addition
--
=S=> BGB 890. 1 More than one plot of land may be united as one plot of land by the owner having them registered in the Land Register as one plot of land .
=S=> BGB 890. 2 A plot of land may be made part of another plot of land by the owner having it added to the latter in the Land Register .
=U2= Sec891 -- Section 891 Statutory presumption
--
=S=> BGB 891. 1 If a right has been entered in the Land Register for a person , it is presumed that the person is entitled to this right .
=S=> BGB 891. 2 If a right entered in the Land Register is deleted , it is presumed that the right does not exist .
=U2= Sec892 -- Section 892 Presumption of the accuracy of the contents of the Land Register
--
=S=> BGB 892. 1 In favour of the person who acquires a right in a plot of land or a right in such a right by legal transaction , the contents of the Land Register are presumed to be correct , unless an objection to the accuracy is registered or the inaccuracy is known to the acquirer . Where the person entitled is restricted in favour of a particular person in his disposition of a right entered in the Land Register , the restriction is effective in relation to the acquirer only if it is apparent from the Land Register or known to the acquirer .
=S=> BGB 892. 2 Where registration is necessary for the acquisition of the right , the knowledge of the acquirer at the date when the application for registration is made or , if the agreement required under section 873 is reached only later , the date of agreement is conclusive .
=U2= Sec893 -- Section 893 Legal transaction with the person registered
--
=S=> BGB 893 The provision in section 892 applies with the necessary modifications if performance on the basis of this right is made to the person for whom a right has been registered in the Land Register or if between this person and another person , on the basis of this right , a legal transaction that does not fall under the provision of section 892 is entered into and this legal transaction contains a disposition of the right .
=U2= Sec894 -- Section 894 Correction of the Land Register
--
=S=> BGB 894 If the contents of the Land Register are not consistent with the actual legal position with regard to a right in the plot of land , a right in such a right or a restriction of disposition of the kind set out in section 892 ( 1 ) , the person whose right is not registered or not correctly registered or is disadvantaged by the registration of an encumbrance or restriction that does not exist may require approval of the correction of the Land Register from the person whose right is affected by the correction .
=U2= Sec895 -- Section 895 Prior registration of the person obliged
--
=S=> BGB 895 If the correction of the Land Register can be made only after the right of the person obliged under section 894 has been registered , that person must on request have his right registered .
=U2= Sec896 -- Section 896 Submission of certificate
--
=S=> BGB 896 If in order to correct the Land Register it is necessary to submit a mortgage certificate , a land charge certificate , or an annuity land charge certificate , the person in whose favour the correction is to be made may require the holder of the certificate to have the certificate submitted to the Land Registry .
=U2= Sec897 -- Section 897 Costs of correction
--
=S=> BGB 897 The costs of the correction of the Land Register and of the declarations necessary for this purpose must be borne by the person who requires the correction , except where a legal relationship existing between this person and the person obliged leads to a different conclusion .
=U2= Sec898 -- Section 898 Claims to correction not subject to the statute of limitations
--
=S=> BGB 898 The claims set out in sections 894 to 896 are not subject to the statute of limitations .
=U2= Sec899 -- Section 899 Registration of an objection
--
=S=> BGB 899. 1 In the cases in section 894 , an objection challenging the accuracy of the Land Register may be registered .
=S=> BGB 899. 2 The registration is made on the basis of an interim injunction or on the basis of consent from the person whose right is affected by the correction of the Land Register . For the issuing of the interim injunction it is not necessary for an endangerment of the right of the person objecting to be credibly established .
=U2= Sec899a -- Section 899a Provisos for civil-law partnerships
--
=S=> BGB 899a If a civil-law partnership has been entered in the land register , it is also presumed with regard to the registered right that the partners are those persons who have been entered in the land register pursuant to section 47 ( 2 ) sentence 1 of the Land Register Act [ Grundbuchordnung ] , and that there are no further partners over and above these persons . Sections 892 to 899 apply with the necessary modifications with regard to the registration of the partners .
=U2= Sec900 -- Section 900 Acquisition by prescription following registration
--
=S=> BGB 900. 1 A person who is registered as the owner of a plot of land in the Land Register without having acquired ownership acquires ownership if the registration has existed for thirty years and he has had the plot of land in proprietary possession in this period . The thirty-year period is calculated in the same way as the period for acquiring a movable thing by prescription . The running of the period is suspended as long as an objection to the accuracy of the registration is entered in the Land Register .
=S=> BGB 900. 2 These provisions apply with the necessary modifications if there is a registration in the Land Register for a person of another right to which that person is not entitled and this right entitles that person to possess the plot of land or the exercise of this right is protected under the provisions governing possession . Registration is conclusive for the priority of the right .
=U2= Sec901 -- Section 901 Extinction of unregistered rights
--
=S=> BGB 901 Where a right in a plot of land belonging to another is wrongly deleted in the Land Register , it is extinguished if the claim of the person entitled in relation to the owner becomes statute-barred . The same applies if a right to a plot of land belonging to another that comes into existence by operation of law has not been registered in the Land Register .
=U2= Sec902 -- Section 902 Registered rights not subject to the statute of limitations
--
=S=> Division 3 Ownership
=U2= Tit1 -- Title 1 Subject matter of ownership
--
=U3= Sec903 -- Section 903 Powers of the owner
--
=U3= Sec904 -- Section 904 Necessity
--
=U3= Sec905 -- Section 905 Restriction of ownership
--
=U3= Sec906 -- Section 906 Introduction of imponderable substances
--
=U3= Sec907 -- Section 907 Facilities threatening danger
--
=U3= Sec908 -- Section 908 Imminent collapse of building
--
=U3= Sec909 -- Section 909 Excavation
--
=U3= Sec910 -- Section 910 Overhang
--
=U3= Sec911 -- Section 911 Falling fruit
--
=U3= Sec912 -- Section 912 Encroachment ; duty to tolerate
--
=U3= Sec913 -- Section 913 Payment of periodical payments for encroachment
--
=U3= Sec914 -- Section 914 Priority , registration and extinction of periodical payments
--
=U3= Sec915 -- Section 915 Purchase
--
=U3= Sec916 -- Section 916 Adverse effect on heritable building right or servitude
--
=U3= Sec917 -- Section 917 Right of way of necessity
--
=U3= Sec918 -- Section 918 Exclusion of the right of way of necessity
--
=U3= Sec919 -- Section 919 Boundary marking
--
=U3= Sec920 -- Section 920 Confusion of boundaries
--
=U3= Sec921 -- Section 921 Joint use of boundary installations
--
=U3= Sec922 -- Section 922 Manner of use and maintenance
--
=U3= Sec923 -- Section 923 Boundary tree
--
=U3= Sec924 -- Section 924 Neighbour-law claims not subject to the statute of limitations
--
=U2= Tit2 -- Title 2 Acquisition and loss of ownership of plots of land
--
=U3= Sec925 -- Section 925 Declaration of conveyance
--
=U3= Sec925a -- Section 925a Document of land transaction
--
=U3= Sec926 -- Section 926 Accessories of the plot of land
--
=U3= Sec927 -- Section 927 Public notice procedure
--
=U3= Sec928 -- Section 928 Relinquishment of ownership , appropriation by fiscal authority
--
=U2= Tit3 -- Title 3 Acquisition and loss of ownership of movable things
--
=U3= UTit1 -- Subtitle 1 Transfer
--
=U3= UTit2 -- Subtitle 2 Acquisition by prescription
--
=U3= UTit3 -- Subtitle 3 Combination , intermixture , processing
--
=U3= UTit4 -- Subtitle 4 Acquisition of products and other components of a thing
--
=U3= UTit5 -- Subtitle 5 Appropriation
--
=U3= UTit6 -- Subtitle 6 Finding
--
=U2= Tit4 -- Title 4 Claims arising from ownership
--
=U3= Sec985 -- Section 985 Claim for restitution
--
=U3= Sec986 -- Section 986 Objections of the possessor
--
=U3= Sec987 -- Section 987 Emoluments after litigation is pending
--
=U3= Sec988 -- Section 988 Emoluments of the possessor who makes no payment
--
=U3= Sec989 -- Section 989 Damages after litigation is pending
--
=U3= Sec990 -- Section 990 Liability of possessor with knowledge
--
=U3= Sec991 -- Section 991 Liability of intermediary possessor in the case of indirect possession
--
=U3= Sec992 -- Section 992 Liability of the wrongful possessor
--
=U3= Sec993 -- Section 993 Liability of the possessor in good faith
--
=U3= Sec994 -- Section 994 Necessary outlays
--
=U3= Sec995 -- Section 995 Charges
--
=U3= Sec996 -- Section 996 Useful outlays
--
=U3= Sec997 -- Section 997 Right of removal
--
=U3= Sec998 -- Section 998 Farming costs for agricultural plot of land
--
=U3= Sec999 -- Section 999 Reimbursement of outlays of predecessor in title
--
=U3= Sec1000 -- Section 1000 Right of retention of the possessor
--
=U3= Sec1001 -- Section 1001 Action for reimbursement of outlays
--
=U3= Sec1002 -- Section 1002 Extinction of the claim for outlays
--
=U3= Sec1003 -- Section 1003 Right to satisfaction of the possessor
--
=U3= Sec1004 -- Section 1004 Claim for removal and injunction
--
=U3= Sec1005 -- Section 1005 Right of pursuit
--
=U3= Sec1006 -- Section 1006 Presumption of ownership for possessor
--
=U3= Sec1007 -- Section 1007 Claims of the former possessor , exclusion in the case of knowledge
--
=U2= Tit5 -- Title 5 Co-ownership
--
=U3= Sec1008 -- Section 1008 Co-ownership by fractional shares
--
=U3= Sec1009 -- Section 1009 Encumbrance in favour of a co-owner
--
=U3= Sec1010 -- Section 1010 Successor in interest of a co-owner
--
=U3= Sec1011 -- Section 1011 Claims arising from co-ownership
--
=U0= -- --
=U2= Tit1 -- Title 1 Easements
--
=U3= Sec1018 -- Section 1018 Statutory definition of easement
--
=U3= Sec1019 -- Section 1019 Benefit of the dominant plot of land
--
=U3= Sec1020 -- Section 1020 Considerate use
--
=U3= Sec1021 -- Section 1021 Agreed duty of maintenance
--
=U3= Sec1022 -- Section 1022 Installations on building structures
--
=U3= Sec1023 -- Section 1023 Moving the use
--
=U3= Sec1024 -- Section 1024 Coincidence of more than one right of use
--
=U3= Sec1025 -- Section 1025 Division of the dominant plot of land
--
=U3= Sec1026 -- Section 1026 Division of the servient plot of land
--
=U3= Sec1027 -- Section 1027 Interference with easement
--
=U3= Sec1028 -- Section 1028 Limitation
--
=U3= Sec1029 -- Section 1029 Protection of possession of the lawful possessor
--
=U2= Tit2 -- Title 2 Usufruct
--
=U3= UTit1 -- Subtitle 1 Usufruct in things
--
=U3= UTit2 -- Subtitle 2 Usufruct in rights
--
=U3= UTit3 -- Subtitle 3 Usufruct in property
--
=U2= Tit3 -- Title 3 Restricted personal easements
--
=U3= Sec1090 -- Section 1090 Statutory definition of the restricted personal easement
--
=U3= Sec1091 -- Section 1091 Scope
--
=U3= Sec1092 -- Section 1092 Non-transferability ; permission of exercise
--
=U3= Sec1093 -- BGB 1093. 1 The right to use a building or part of a building as a residence , excluding the owner , may also be granted as a restricted personal easement . This right is governed by the provisions applying to usufruct of sections 1031 , 1034 and 1036 , of section 1037 ( 1 ) and of sections 1041 , 1042 , 1044 , 1049 , 1050 , 1057 and 1062 with the necessary modifications . BGB 1093. 2 The person entitled is authorised to admit into his residence his family and the persons required for service befitting his station and for care . BGB 1093. 3 If the right is restricted to a part of the building , the person entitled may share the use of the facilities and installations intended for the common use of the occupants . § Div5
--
=U2= Sec1094 -- Section 1094 Statutory contents of the real right of preemption
--
=S=> BGB 1094. 1 A plot of land may be encumbered in such a manner that the person in whose favour the encumbrance is created has a right of preemption against the owner .
=S=> BGB 1094. 2 The right of preemption may also be created in favour of the current owner of another plot of land .
=U2= Sec1095 -- Section 1095 Encumbrance of a fraction
--
=S=> BGB 1095 A fraction of a plot of land may be encumbered with a right of preemption only if it consists of the share of a co-owner .
=U2= Sec1096 -- Section 1096 Application to accessories
--
=S=> BGB 1096 The right of preemption may be extended to the accessories that are sold with the plot of land . In case of doubt , it must be presumed that the right of preemption is to extend to these accessories .
=U2= Sec1097 -- Section 1097 Creation for one or more cases of sale
--
=S=> BGB 1097 The right of preemption is restricted to the case of sale by an owner who owns the plot of land at the time of the creation , or by his heir ; however , it may also be created for more than one or for all cases of sale .
=U2= Sec1098 -- Section 1098 Effect of a right of preemption
--
=S=> BGB 1098. 1 The legal relationship between the person entitled and the person obliged is governed by the provisions of sections 463 to 473. The right of preemption may also be exercised if the plot of land is sold by the administrator in insolvency proceedings by private agreement .
=S=> BGB 1098. 2 In relation to third parties , the right of preemption has the effect of a priority notice entered to secure the claim arising from the exercise of the right to transfer ownership .
=S=> BGB 1098. 3 Where a legal person or a partnership having legal personality is entitled to a right of preemption created under section 1094 ( 1 ) , the provisions of sections 1059a to 1059d apply with the necessary modifications to the transfer of the right , if there is no agreement on its transferability .
=U2= Sec1099 -- Section 1099 Notifications
--
=S=> BGB 1099. 1 If a third person gains ownership of the plot of land , he may , in the same way as the person obliged , notify the person entitled of the contents of the purchase agreement with the effect specified in section 469 ( 2 ) .
=S=> BGB 1099. 2 The person obliged must notify the new owner as soon as the exercise of the right of preemption takes place or is excluded .
=U2= Sec1100 -- Section 1100 Rights of the purchaser
--
=S=> BGB 1100 The new owner may , if he is the purchaser or a successor in title of the purchaser , refuse to give his approval to the registration of the person entitled as the owner and to the delivery of the plot of land until the purchase price agreed between the person obliged and the purchaser , insofar as it is settled , is paid to him . If the person entitled achieves registration as owner , the former owner may demand from him the payment of the settled purchase price in return for the delivery of the plot of land .
=U2= Sec1101 -- Section 1101 Release of the person entitled
--
=S=> BGB 1101 To the extent that the person entitled is required in accordance with section 1100 to pay the purchase price to the purchaser or his successor in title , he is released from the obligation to pay the purchase price owed under the preemption .
=U2= Sec1102 -- Section 1102 Release of the purchaser
--
=S=> BGB 1102 If the purchaser or his successor in title , as a result of the exercise of the right of preemption , loses ownership , the purchaser shall , to the extent that the purchase price owed by him has not yet been settled , be released from his obligation ; he may not demand the return of the settled purchase price .
=U2= Sec1103 -- Section 1103 Real and personal right of preemption
--
=S=> BGB 1103. 1 A right of preemption existing in favour of the current owner of a plot of land may not be separated from the ownership of this plot of land .
=S=> BGB 1103. 2 A right of preemption existing in favour of a specific person may not be connected with the ownership of a plot of land .
=U2= Sec1104 -- Section 1104 Exclusion of unknown entitled persons
--
=S=> Division 6 Charges on land
=U2= Sec1105 -- Section 1105 Statutory contents of the charge on land
--
=S=> BGB 1105. 1 A plot of land may be encumbered in such a way that recurring acts of performance are to be made from the plot of land to the person in whose favour the encumbrance is created ( charge on land ) . It is also possible to agree as the contents of the charge on land that the acts of performance to be made are adjusted to changed circumstances without notice if , based on the requirements stipulated in the agreement , the type and scope of the encumbrance of the land can be determined .
=S=> BGB 1105. 2 The charge on land may also be created in favour of the current owner of another plot of land .
=U2= Sec1106 -- Section 1106 Encumbrance of a fraction
--
=S=> BGB 1106 A fraction of a plot of land may be encumbered with a charge on land only if it consists in the share of a co-owner .
=U2= Sec1107 -- Section 1107 Individual payments
--
=S=> BGB 1107 The provisions governing the interest on a mortgage claim apply with the necessary modifications to the individual payments .
=U2= Sec1108 -- Section 1108 Personal liability of the owner
--
=S=> BGB 1108. 1 In addition , the owner is personally liable for the payments that fall due during the period of his ownership , unless otherwise provided .
=S=> BGB 1108. 2 If the plot of land is divided , the owners of the individual parts are liable as joint and several debtors .
=U2= Sec1109 -- Section 1109 Division of the dominant plot of land
--
=S=> BGB 1109. 1 If the plot of land of the person entitled is divided , the charge on the land continues in existence for the individual parts . If the performance is divisible , the shares of the owners are determined in the relationship of the size of the parts ; if it is not divisible , the provisions of section 432 apply . The exercise of the right is , in case of doubt , permissible only in such a way that it does not become more burdensome for the owner of the encumbered plot of land .
=S=> BGB 1109. 2 The person entitled may determine that the right shall be connected only to one of the parts . This determination is to be made to the Land Registry and requires registration in the Land Register ; the provisions of sections 876 and 878 apply with the necessary modifications . If the person entitled alienates a part of the land without making this determination , the right remains connected to the part that he retains .
=S=> BGB 1109. 3 If the charge on land is beneficial to only one of the parts , it remains connected to this part only .
=U2= Sec1110 -- Section 1110 Real charge on land
--
=S=> BGB 1110 A charge on land existing in favour of the current owner of a plot of land may not be separated from the ownership of this plot of land .
=U2= Sec1111 -- Section 1111 Personal charge on land
--
=S=> BGB 1111. 1 A charge on land existing in favour of a specific person may not be connected with the ownership of a plot of land .
=S=> BGB 1111. 2 If a claim for an individual act of performance is not transferable , the right may not be alienated or encumbered .
=U2= Sec1112 -- Section 1112 Exclusion of unknown entitled persons
--
=S=> Division 7 Mortgage , land charge , annuity land charge
=U2= Tit1 -- Title 1 Mortgage
--
=U3= Sec1113 -- Section 1113 Statutory contents of the mortgage
--
=U3= Sec1161 -- Section 1161 Enforcement of the claim
--
=U3= Sec1114 -- Section 1114 Encumbrance of a fraction
--
=U3= Sec1162 -- Section 1162 Public notice with regard to the mortgage certificate
--
=U3= Sec1115 -- Section 1115 Registration of the mortgage
--
=U3= Sec1163 -- Section 1163 Owner mortgage
--
=U3= Sec1116 -- Section 1116 Certificated and uncertificated mortgage
--
=U3= Sec1164 -- Section 1164 Passing of the mortgage to the debtor
--
=U3= Sec1117 -- Section 1117 Acquisition of the certificated mortgage
--
=U3= Sec1165 -- Section 1165 Discharge of the debtor
--
=U3= Sec1118 -- Section 1118 Liability for incidental claims
--
=U3= Sec1166 -- Section 1166 Notification of the debtor
--
=U3= Sec1119 -- Section 1119 Extension of liability for interest
--
=U3= Sec1167 -- Section 1167 Delivery of correction documents
--
=U3= Sec1120 -- Section 1120 Extension to products , parts and accessories
--
=U3= Sec1168 -- Section 1168 Waiver of the mortgage
--
=U3= Sec1121 -- Section 1121 Release from liability through disposal and removal
--
=U3= Sec1169 -- Section 1169 Defence with a negative effect on a right
--
=U3= Sec1122 -- Section 1122 Release from liability without disposal
--
=U3= Sec1170 -- Section 1170 Exclusion of unknown creditors
--
=U3= Sec1123 -- Section 1123 Extension to claim for rent or for usufructuary rent
--
=U3= Sec1171 -- Section 1171 Exclusion by deposit
--
=U3= Sec1124 -- Section 1124 Advance disposition of the rent or usufructuary rent
--
=U3= Sec1172 -- Section 1172 Owner blanket mortgage
--
=U3= Sec1125 -- Section 1125 Set-off against rent or usufructuary rent
--
=U3= Sec1173 -- Section 1173 Satisfaction by one of the owners
--
=U3= Sec1126 -- Section 1126 Extension to recurring acts of performance
--
=U3= Sec1174 -- Section 1174 Satisfaction by the personal debtor
--
=U3= Sec1127 -- Section 1127 Extension to insurance claim
--
=U3= Sec1175 -- Section 1175 Waiver of the blanket mortgage
--
=U3= Sec1128 -- Section 1128 Insurance on buildings
--
=U3= Sec1176 -- Section 1176 Owner partial mortgage ; conflict clause
--
=U3= Sec1129 -- Section 1129 Other insurance against damage
--
=U3= Sec1177 -- Section 1177 Owner land charge , owner mortgage
--
=U3= Sec1130 -- Section 1130 Replacement clause
--
=U3= Sec1178 -- Section 1178 Mortgage for supplementary payments and costs
--
=U3= Sec1131 -- Section 1131 Addition of a plot of land
--
=U3= Sec1179 -- Section 1179 Priority notice of right to deletion
--
=U3= Sec1132 -- Section 1132 Blanket mortgage
--
=U3= Sec1179a -- Section 1179a Claim for deletion in the case of third party rights
--
=U3= Sec1133 -- Section 1133 Danger to the security of the mortgage
--
=U3= Sec1179b -- Section 1179b Claim for deletion based on one's own right
--
=U3= Sec1134 -- Section 1134 Application for an injunction
--
=U3= Sec1180 -- Section 1180 Substitution for the claim
--
=U3= Sec1135 -- Section 1135 Deterioration of accessories
--
=U3= Sec1181 -- Section 1181 Extinction by satisfaction from the plot of land
--
=U3= Sec1136 -- Section 1136 Restraint on disposition by legal transaction
--
=U3= Sec1182 -- Section 1182 Transfer in the case of satisfaction from the blanket mortgage
--
=U3= Sec1137 -- Section 1137 Defences of the owner
--
=U3= Sec1183 -- Section 1183 Cancellation of the mortgage
--
=U3= Sec1138 -- Section 1138 Presumption of the accuracy of the contents of the Land Register
--
=U3= Sec1184 -- Section 1184 Debt-securing mortgage
--
=U3= Sec1139 -- Section 1139 Objection with regard to an uncertificated mortgage for a loan
--
=U3= Sec1185 -- Section 1185 Uncertificated mortgage ; inapplicable provisions
--
=U3= Sec1140 -- Section 1140 Mortgage certificate and inaccuracy of the Land Register
--
=U3= Sec1186 -- Section 1186 Permitted conversions
--
=U3= Sec1141 -- Section 1141 Notice of termination of the mortgage
--
=U3= Sec1187 -- Section 1187 Debt-securing mortgage for bearer instruments and instruments made out to order
--
=U3= Sec1142 -- Section 1142 Owner's right of satisfaction
--
=U3= Sec1188 -- Section 1188 Special provision for bearer bonds
--
=U3= Sec1143 -- Section 1143 Passing of claim
--
=U3= Sec1189 -- Section 1189 Appointment of a Land Register representative
--
=U3= Sec1144 -- Section 1144 Delivery of documents
--
=U3= Sec1190 -- Section 1190 Maximum amount mortgage
--
=U3= Sec1145 -- Section 1145 Partial satisfaction
--
=U3= Sec1146 -- Section 1146 Default interest
--
=U3= Sec1147 -- Section 1147 Satisfaction by execution
--
=U3= Sec1148 -- Section 1148 Fiction of ownership
--
=U3= Sec1149 -- Section 1149 Prohibited agreements on satisfaction
--
=U3= Sec1150 -- Section 1150 Right of redemption of third parties
--
=U3= Sec1151 -- Section 1151 Change of priority for partial mortgages
--
=U3= Sec1152 -- Section 1152 Partial mortgage certificate
--
=U3= Sec1153 -- Section 1153 Transfer of mortgage and claim
--
=U3= Sec1154 -- Section 1154 Assignment of the claim
--
=U3= Sec1155 -- Section 1155 Presumption of the accuracy of certified declarations of assignment
--
=U3= Sec1156 -- Section 1156 Legal relationship between the owner and the new creditor
--
=U3= Sec1157 -- Section 1157 Continuation of defences to the mortgage
--
=U3= Sec1158 -- Section 1158 Future supplementary payments
--
=U3= Sec1159 -- Section 1159 Arrears of supplementary payments
--
=U3= Sec1160 -- Section 1160 Enforcement of a certificated mortgage
--
=U2= Tit2 -- Title 2 Land charge , annuity land charge
--
=U3= UTit1 -- Subtitle 1 Land charge
--
=U3= UTit2 -- Subtitle 2 Annuity land charge
--
=U2= Tit1 -- Title 1 Pledge of movable things
--
=U3= Sec1204 -- Section 1204 Statutory contents of the pledge of movable things
--
=U3= Sec1252 -- Section 1252 Extinction with the claim
--
=U3= Sec1205 -- Section 1205 Creation
--
=U3= Sec1253 -- Section 1253 Extinction by return
--
=U3= Sec1206 -- Section 1206 Replacement of delivery by granting joint possession
--
=U3= Sec1254 -- Section 1254 Claim for return
--
=U3= Sec1207 -- Section 1207 Pledging by an unauthorised person
--
=U3= Sec1255 -- Section 1255 Cancellation of the pledge
--
=U3= Sec1208 -- Section 1208 Acquisition of priority of rank in good faith
--
=U3= Sec1256 -- Section 1256 Coincidence of pledge and ownership
--
=U3= Sec1209 -- Section 1209 Priority of the pledge
--
=U3= Sec1257 -- Section 1257 Pledge by operation of law
--
=U3= Sec1210 -- Section 1210 Extent of liability of the pledge
--
=U3= Sec1258 -- Section 1258 Pledge of the share of a co-owner
--
=U3= Sec1211 -- Section 1211 Defences of the pledgor
--
=U3= Sec1259 -- Section 1259 Realisation of a commercial pledged item
--
=U0= -- --
=U3= Sec1212 -- Section 1212 Extension to separated products
--
=U3= Sec1213 -- Section 1213 Pledge of emoluments
--
=U3= Sec1214 -- Section 1214 Duties of the pledgee entitled to emoluments
--
=U3= Sec1215 -- Section 1215 Duty of safekeeping
--
=U3= Sec1216 -- Section 1216 Reimbursement of outlays
--
=U3= Sec1217 -- Section 1217 Violation of rights by the pledgee
--
=U3= Sec1218 -- Section 1218 Rights of the pledgor in the case of imminent spoilage
--
=U3= Sec1219 -- Section 1219 Rights of the pledgee in the case of imminent spoilage
--
=U3= Sec1220 -- Section 1220 Warning of auction
--
=U3= Sec1221 -- Section 1221 Sale by private agreement
--
=U3= Sec1222 -- Section 1222 Pledge of more than one thing
--
=U3= Sec1223 -- Section 1223 Duty to return the pledged item ; right to redeem the pledged item
--
=U3= Sec1224 -- Section 1224 Satisfaction by deposit or set-off
--
=U3= Sec1225 -- Section 1225 Passing of claim to the pledgor
--
=U3= Sec1226 -- Section 1226 Limitation of compensation claims
--
=U3= Sec1227 -- Section 1227 Protection of the pledge
--
=U3= Sec1228 -- Section 1228 Satisfaction by sale of the pledged item
--
=U3= Sec1229 -- Section 1229 Prohibition of a forfeiture agreement
--
=U3= Sec1230 -- Section 1230 Selection of pledged item from more than one pledged item
--
=U3= Sec1231 -- Section 1231 Surrender of pledged item for sale
--
=U3= Sec1232 -- Section 1232 Lower-ranking pledgees
--
=U3= Sec1233 -- Section 1233 Execution of the sale
--
=U3= Sec1234 -- Section 1234 Warning of sale ; waiting period
--
=U3= Sec1235 -- Section 1235 Public auction
--
=U3= Sec1236 -- Section 1236 Place of auction
--
=U3= Sec1237 -- Section 1237 Public notice
--
=U3= Sec1238 -- Section 1238 Conditions of sale
--
=U3= Sec1239 -- Section 1239 Bidding by creditor and owner
--
=U3= Sec1240 -- Section 1240 Things made of gold or silver
--
=U3= Sec1241 -- Section 1241 Notification of the owner
--
=U3= Sec1242 -- Section 1242 Effects of the legal sale
--
=U3= Sec1243 -- Section 1243 Unlawful sale
--
=U3= Sec1244 -- Section 1244 Acquisition in good faith
--
=U3= Sec1245 -- Section 1245 Deviating agreements
--
=U3= Sec1246 -- Section 1246 Deviation for reasons of equity
--
=U3= Sec1247 -- Section 1247 Proceeds of the pledged item
--
=U3= Sec1248 -- Section 1248 Presumption of ownership
--
=U3= Sec1249 -- Section 1249 Right of redemption
--
=U3= Sec1250 -- Section 1250 Transfer of claim
--
=U3= Sec1251 -- Section 1251 Effect of the passing of the pledge
--
=U2= Tit2 -- Title 2 Pledge of rights
--
=U3= Sec1273 -- Section 1273 Statutory contents of the pledge of rights
--
=U3= Sec1274 -- Section 1274 Creation
--
=U3= Sec1275 -- Section 1275 Pledge of right to performance
--
=U3= Sec1276 -- Section 1276 Cancellation or alteration of the pledged right
--
=U3= Sec1277 -- Section 1277 Satisfaction by execution
--
=U3= Sec1278 -- Section 1278 Extinction by return
--
=U3= Sec1279 -- Section 1279 Pledge of a claim
--
=U3= Sec1280 -- Section 1280 Notification of the debtor
--
=U3= Sec1281 -- Section 1281 Performance before the due date
--
=U3= Sec1282 -- Section 1282 Performance after the due date
--
=U3= Sec1283 -- Section 1283 Termination
--
=U3= Sec1284 -- Section 1284 Deviating agreements
--
=U3= Sec1285 -- Section 1285 Cooperation in collection
--
=U3= Sec1286 -- Section 1286 Duty of termination in the case of danger
--
=U3= Sec1287 -- Section 1287 Effect of performance
--
=U3= Sec1288 -- Section 1288 Investment of collected money
--
=U3= Sec1289 -- Section 1289 Extension to the interest
--
=U3= Sec1290 -- Section 1290 Collection in the case of multiple pledges
--
=U3= Sec1291 -- Section 1291 Pledge of land charge or annuity land charge
--
=U3= Sec1292 -- Section 1292 Pledging of instruments made out to order
--
=U3= Sec1293 -- Section 1293 Pledge of bearer instruments
--
=U3= Sec1294 -- Section 1294 Collection and notice of termination
--
=U3= Sec1295 -- Section 1295 Private sale of instruments made out to order
--
=U3= Sec1296 -- Section 1296 Extension to interest coupons
-- | 
