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=U3= Sec2018 -- Section 2018 Duty of surrender of the possessor of the inheritance
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=S=> BGB 2018 The heir may request every person who , on the basis of a right of succession that he does not really have , has acquired something from the inheritance ( possessor of the inheritance ) to surrender the item or items acquired .
=U3= Sec2019 -- Section 2019 Direct substitution
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=S=> BGB 2019. 1 Items that the possessor of the inheritance acquires by legal transaction with means from the inheritance are also deemed to have been obtained from the inheritance .
=S=> BGB 2019. 2 Only when the debtor obtains knowledge that a claim acquired in such a way is part of the inheritance must the debtor allow this to be asserted against him ; the provisions of sections 406 to 408 apply with the necessary modifications .
=U3= Sec2020 -- Section 2020 Emoluments and fruits
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=S=> BGB 2020 The possessor of the inheritance must surrender to the heir the emoluments taken : the duty of surrender also relates to fruits whose ownership he has acquired .
=U3= Sec2021 -- Section 2021 Duty of surrender under principles of unjust enrichment
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=S=> BGB 2021 To the extent that the possessor of the inheritance is not able to surrender the emoluments , his obligation is governed by the provisions on the return of unjust enrichment .
=U3= Sec2022 -- Section 2022 Reimbursement of outlays and expenses
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=S=> BGB 2022. 1 The possessor of the inheritance is obliged to surrender the things belonging to the inheritance in return for reimbursement of all outlays only to the extent that the outlays are not covered by set-off against the enrichment to be returned under section 2021. The provisions of sections 1000 to 1003 applying to the claim to ownership apply .
=S=> BGB 2022. 2 The outlays also include the expenses that the possessor of the inheritance incurs in paying charges on the inheritance or in discharging obligations of the estate .
=S=> BGB 2022. 3 To the extent that the heir must make reimbursement to a greater extent for expenses that were not incurred in relation to individual things , in particular for the expenses set out in subsection ( 2 ) , under the general provisions , this does not affect the claim of the possessor of the inheritance .
=U3= Sec2023 -- Section 2023 Liability after litigation is pending and for emoluments and outlays
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=S=> BGB 2023. 2 The same applies to the claim of the heir for surrender of or payment for emoluments and of the claim of the possessor of the inheritance to the reimbursement of outlays .
=U3= Sec2024 -- Section 2024 Liability with knowledge
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=S=> BGB 2024 If the possessor of the inheritance is not in good faith at the beginning of his possession of the inheritance , he is liable in the same way as if the claim of the heir had at this time become pending . If the possessor of the inheritance later discovers that he is not an heir , he is liable in the same way from the date when he obtained the knowledge . This does not affect a more extensive liability for default .
=U3= Sec2025 -- Section 2025 Liability in the case of tort
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=S=> BGB 2025 If the possessor of the inheritance has obtained an object of the inheritance through a criminal offence or has obtained a thing that is part of the inheritance through unlawful interference with possession , he is liable under the provisions on damages for torts . A possessor of the inheritance in good faith , however , is liable for unlawful interference with possession under these provisions only if the heir has already actually taken possession of the thing .
=U3= Sec2026 -- Section 2026 No reliance on acquisition by prescription
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=S=> BGB 2026 The possessor of the inheritance , as long as the claim to the inheritance is not statute-barred , may not rely as against the heir on the acquisition by prescription of a thing that he has in his possession as belonging to the inheritance .
=U3= Sec2027 -- Section 2027 Duty of information of the possessor of the inheritance
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=S=> BGB 2027. 1 The possessor of the inheritance is obliged to give the heir information on the amount of the inheritance and on the whereabouts of the objects of the inheritance .
=S=> BGB 2027. 2 A person who , without being the possessor of the inheritance , takes possession of a thing from the estate before the heir has actually taken possession has the same obligation .
=U3= Sec2028 -- Section 2028 Duty of information of occupant of house
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=S=> BGB 2028. 1 A person who , at the time of the devolution of the inheritance , lived in the same household as the deceased , is obliged to inform the heir on request what transactions relating to the inheritance he conducted and what he knows of the whereabouts of the objects of the inheritance .
=S=> BGB 2028. 2 If there is reason to assume that the information was not given with the necessary care , the person obliged must , on the request of the heir , declare in lieu of an oath , to be recorded in writing , that he made his statements , to the best of his knowledge , as fully as he was able .
=S=> BGB 2028. 3 The provisions of section 259 ( 3 ) and section 261 apply .
=U3= Sec2029 -- Section 2029 Liability in the case of individual claims by the heir
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=S=> BGB 2029 The liability of the possessor of the inheritance with regard to the claims to which the heir is entitled with respect to the individual objects of the inheritance is also governed by the provisions on the claim to the inheritance .
=U3= Sec2030 -- Section 2030 Legal position of the acquirer of the inheritance
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=S=> BGB 2030 A person who acquires the inheritance by contract from a possessor of the inheritance is , in relation to the heir , equivalent to a possessor of the inheritance .
=U3= Sec2031 -- Section 2031 Claim of person declared dead for surrender
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=S=> BGB 2031. 1 If a person who is declared dead or the time of whose death is established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] survives the date that is deemed to be the date of his death , the person may require the return of his property under the provisions governing the claim to inheritance . As long as the person is still alive , his claim does not become statute-barred before the expiry of a one-year period after the date on which he obtained knowledge of the declaration of death or of the determination of the time of death .
=S=> BGB 2031. 2 The same applies if the death of a person has been wrongly assumed without a declaration of death or determination of the time of death .
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