4272
=U3= Sec2100 -- Section 2100 Subsequent heir
--
=S=> BGB 2100 The testator may appoint an heir in such a way that the person only becomes an heir after another heir has first been heir ( subsequent heir ) .
=U3= Sec2101 -- Section 2101 Subsequent heir not yet conceived
--
=S=> BGB 2101. 1 If a person not yet conceived at the time of the devolution of the inheritance is appointed heir , then in case of doubt it is to be assumed that the person is appointed as subsequent heir . If it does not reflect the intention of the testator that the person appointed should be subsequent heir , the appointment is ineffective .
=S=> BGB 2101. 2 The same applies to the appointment of a legal person that comes into existence only after the devolution of the inheritance ; the provision of section 84 is unaffected .
=U3= Sec2102 -- Section 2102 Subsequent heir and substitute heir
--
=S=> BGB 2102. 1 The appointment as a subsequent heir , in case of doubt , also contains the appointment as a substitute heir .
=S=> BGB 2102. 2 If it is doubtful whether a person is appointed substitute heir or subsequent heir , he is deemed to be a substitute heir .
=U3= Sec2103 -- Section 2103 Order to surrender the inheritance
--
=S=> BGB 2103 If the testator has directed that the heir , on a particular date or on the occurrence of a particular event , is to surrender the inheritance to another person , then it is to be assumed that the other person is appointed subsequent heir .
=U3= Sec2104 -- Section 2104 Heirs on intestacy as subsequent heirs
--
=S=> BGB 2104 Where the testator has directed that the heir is to be heir only until a particular date or the occurrence of a particular event , without providing who is then to receive the inheritance , then it is to be assumed that the persons appointed as subsequent heirs are those who would be the heirs on intestacy of the testator if he had died on the date or at the time of the occurrence of the event . The treasury is not one of the heirs on intestacy within the meaning of this provision .
=U3= Sec2105 -- Section 2105 Heirs on intestacy as prior heirs
--
=S=> BGB 2105. 1 If the testator has directed that the appointed heir is to receive the inheritance only on a particular date or on the occurrence of a particular event , without determining who is to be heir until that date , then the heirs on intestacy of the testator are the prior heirs .
=S=> BGB 2105. 2 The same applies if the identity of the heir is to be established by an event that occurs only after the devolution of the inheritance or if the appointment of a person who has not yet been conceived at the time of the devolution of the inheritance or a legal person that is not yet in existence at this time as an heir under section 2101 is to be regarded as the appointment of a subsequent heir .
=U3= Sec2106 -- Section 2106 Occurrence of subsequent succession
--
=S=> BGB 2106. 1 If the testator has appointed a subsequent heir without determining the time of the event at or on which the subsequent succession is to occur , the inheritance accrues to the subsequent heir on the death of the prior heir .
=S=> BGB 2106. 2 If the appointment of a person not yet conceived as an heir is to be regarded under section 2101 ( 1 ) as the appointment of a subsequent heir , the inheritance accrues to the subsequent heir on his birth . In the case of section 2101 ( 2 ) , the accrual occurs on the creation of the legal person .
=U3= Sec2107 -- Section 2107 Childless prior heir
--
=S=> BGB 2107 If the testator has determined a subsequent heir for the time after the death of a descendant who at the time when the testamentary disposition is made has no descendants or of whom the testator does not know at this time that he has a descendant , then it is to be assumed that the subsequent heir is appointed only for the case where the descendant remains without issue .
=U3= Sec2108 -- Section 2108 Capacity to inherit ; inheritability of the subsequent succession
--
=S=> BGB 2108. 1 The provision of section 1923 applies to the subsequent succession with the necessary modifications .
=S=> BGB 2108. 2 If the appointed subsequent heir dies before the circumstances giving rise to subsequent succession occur , but after the date of the devolution of the inheritance , then his right passes to his heirs , unless it is to be assumed that the testator intended otherwise . If the subsequent heir is appointed subject to a condition precedent , the provision of section 2074 applies .
=U3= Sec2109 -- Section 2109 End of effectiveness of subsequent succession
--
=S=> BGB 2109. 1 The appointment of a subsequent heir becomes ineffective at the end of a period of thirty years after the devolution of the inheritance , if the circumstances giving rise to subsequent succession do not occur before this time . It remains effective even after this time if subsequent succession is directed for the case where a particular event occurs in relation to the prior heir or to the subsequent heir and the person in relation to whom the event is to occur is living at the time of the devolution of the inheritance , if it is provided that , if a brother or a sister is born to the prior heir or to a subsequent heir , the brother or the sister is his the subsequent heir .
=S=> BGB 2109. 2 If the prior heir or the subsequent heir in relation to whose person the event is to occur is a legal person , the thirty-year period applies .
=U3= Sec2110 -- Section 2110 Scope of the right of subsequent succession
--
=S=> BGB 2110. 1 The right of the subsequent heir extends , in case of doubt , to a share of the inheritance that accrues to the prior heir as the result of a co-heir ceasing to be heir .
=S=> BGB 2110. 2 The right of the subsequent heir does not extend , in case of doubt , to a preferential legacy given to the prior heir .
=U3= Sec2111 -- Section 2111 Direct substitution
--
=S=> BGB 2111. 1 The inheritance includes whatever the prior heir acquires on the basis of a right that is part of the inheritance or as compensation for the destruction , damage or removal of an object of the inheritance or by legal transaction with funds from the inheritance , unless the acquisition is due to him as emoluments . Only when the debtor obtains knowledge that a claim acquired by legal transaction 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 .
=S=> BGB 2111. 2 The inheritance also includes what the prior heir introduces into the inventory of a plot of land that is part of the inheritance .
=U3= Sec2112 -- Section 2112 Right of disposal of the prior heir
--
=S=> BGB 2112 The prior heir may dispose of the objects belonging to the inheritance except insofar as the provisions in sections 2113 to 2115 lead to a different conclusion .
=U3= Sec2113 -- Section 2113 Dispositions of plots of land , ships and ships under construction ; gifts
--
=S=> BGB 2113. 1 The disposition by the prior heir of a plot of land or right in a plot of land that is part of the inheritance or of a registered ship or ship under construction that is part of the inheritance is , in the case where subsequent succession occurs , ineffective to the extent that it would defeat or adversely affect the right of the subsequent heir .
=S=> BGB 2113. 2 The same applies to the disposition of an object of the inheritance that is made free of charge or for the purpose of fulfilling the promise of a gift made by the prior heir . An exception applies to donations that are made to comply with a moral duty or to show consideration to decency .
=S=> BGB 2113. 3 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications .
=U3= Sec2114 -- Section 2114 Dispositions of mortgage claims , land charges and annuity land charges
--
=S=> BGB 2114 If a mortgage claim , a land charge , an annuity land charge or a ship's mortgage claim is part of the inheritance , the prior heir has the right of termination and seizure . However , the prior heir may require only that the capital be paid to him and the consent of the subsequent heir is provided or that it is deposited for himself and the subsequent heir . Other dispositions of the mortgage claim , the land charge , the annuity land charge or the ship's mortgage claim are governed by the provisions of section 2113.
=U3= Sec2115 -- Section 2115 Dispositions in execution of judgment against prior heir
--
=S=> BGB 2115 A disposition of an object of the inheritance that is effected by way of execution of judgment or enforcement of seizure or arrest or by the administrator in insolvency proceedings is , in the case where the subsequent succession occurs , ineffective to the extent that it would defeat or adversely affect the right of the subsequent heir . The disposition is effective without restriction if the claim of a creditor of the estate or a right existing in an object of the inheritance is asserted and this right is effective as against the subsequent heir in the case where subsequent succession commences .
=U3= Sec2116 -- Section 2116 Deposit of securities
--
=S=> BGB 2116. 1 At the request of the subsequent heir , the prior heir must deposit the bearer instruments that are part of the inheritance together with the renewal coupons with a depositary institution or with the [ Reichsbank ] , with the [ Deutsche Zentralgenossenschaftskasse ] or with the [ Deutsche Girozentrale ] [ ( Deutsche Kommunalbank ) ] subject to the condition that surrender may be required only with the approval of the subsequent heir . The deposit of bearer instruments that under section 92 are consumable things , and of interest , annuity or dividend coupons may not be demanded . Instruments made out to order and endorsed in blank are equivalent to bearer instruments .
=S=> BGB 2116. 2 The prior heir may dispose of the deposited instruments only with the approval of the subsequent heir .
=U3= Sec2117 -- Section 2117 Change of registration ; conversion
--
=S=> BGB 2117 The prior heir may , instead of depositing the bearer instruments under section 2116 , have them registered in his name subject to the condition that he may dispose of them only with the approval of the subsequent heir . If the instruments are issued by the Federal Government or by a Land , he may have them converted , subject to the same condition , into registered claims against the Federal Government .
=U3= Sec2118 -- Section 2118 Blocking note in debt ledger
--
=S=> BGB 2118 If registered claims against the Federal Government or a Land are part of the inheritance , the prior heir is obliged , at the request of the subsequent heir , to have a note entered in the debt ledger that he may dispose of the claims only with the approval of the subsequent heir .
=U3= Sec2119 -- Section 2119 Investment of money
--
=S=> BGB 2119 Money that is to be invested in the long-term under the rules of proper management may be invested by the prior heir only under the provisions applying to the investment of money held in trust for a ward .
=U3= Sec2120 -- Section 2120 Duty of subsequent heir to consent
--
=S=> BGB 2120 If , for proper management , in particular in order to discharge obligations of the estate , a disposition is necessary that the prior heir may not make with effect against the subsequent heir , then the subsequent heir has a duty to the prior heir to grant his consent to the disposition . On request , the consent must be declared in notarially certified form . The costs of the certification are borne by the prior heir .
=U3= Sec2121 -- Section 2121 List of objects of inheritance
--
=S=> BGB 2121. 4 The costs of drawing up the list and certifying it are borne by the inheritance .
=U3= Sec2122 -- Section 2122 Determination of the condition of the inheritance
--
=S=> BGB 2122 The prior heir may have the condition of the things that are part of the inheritance determined by experts at his own cost . The subsequent heir has the right to do this too .
=U3= Sec2123 -- Section 2123 Economic plan
--
=S=> BGB 2123. 1 If a forest is part of the inheritance , both the prior heir and the subsequent heir may require that the degree of use and the nature of the economic treatment be laid down in an economic plan . If a substantial change of circumstances occurs , each party may require a corresponding change of the economic plan . The costs are borne by the inheritance .
=S=> BGB 2123. 2 The same applies if a mine or another installation designed to extract components of the ground is part of the inheritance .
=U3= Sec2124 -- Section 2124 Costs of maintenance
--
=S=> BGB 2124. 1 The prior heir bears the customary cost of maintenance towards the subsequent heir .
=S=> BGB 2124. 2 The prior heir may pay from the inheritance other expenses that he is permitted to regard in the circumstances as necessary for the purpose of preserving objects of the inheritance . If he pays them from his own property , then the subsequent heir is obliged to reimburse him in the case where subsequent succession occurs .
=U3= Sec2125 -- Section 2125 Outlays ; right to remove
--
=S=> BGB 2125. 1 If the prior heir makes outlays in relation to the inheritance that do not fall under the provision of section 2124 , then the subsequent heir , in the case where subsequent succession occurs , is obliged to reimburse under the provisions on agency without specific authorisation .
=S=> BGB 2125. 2 The prior heir is entitled to remove an installation with which he has provided a thing that is part of the inheritance .
=U3= Sec2126 -- Section 2126 Extraordinary burdens
--
=S=> BGB 2126 The prior heir is not obliged , in relation to the subsequent heir , to bear the extraordinary burdens , which are to be regarded as charged on the original value of the objects of the inheritance . These burdens are governed by the provision in section 2124 ( 2 ) .
=U3= Sec2127 -- Section 2127 Right to information of subsequent heir
--
=S=> BGB 2127 The subsequent heir is entitled to require information from the prior heir on the condition of the inheritance if there is reason to assume that the prior heir is substantially injuring the rights of the subsequent heir by his management .
=U3= Sec2128 -- Section 2128 Provision of security
--
=S=> BGB 2128. 1 If the conduct of the prior heir or his unfavourable financial situation give rise to the concern that there may be a substantial injury to the rights of the subsequent heir , the subsequent heir may require the provision of security .
=S=> BGB 2128. 2 The provisions of section 1052 applying to the obligation of the usufructuary to provide security apply with the necessary modifications .
=U3= Sec2129 -- Section 2129 Effect of deprivation of management
--
=S=> BGB 2129. 1 If the prior heir is deprived of the management under the provision of section 1052 , he loses the right to dispose of objects of the inheritance .
=S=> BGB 2129. 2 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications . For the claims that are part of the inheritance , the deprivation of management is effective towards the debtor only if he obtains knowledge of the order made or if a notification of the order is served on him . The same applies to the termination of the deprivation .
=U3= Sec2130 -- Section 2130 Duty to surrender after the occurrence of subsequent succession , duty to render account
--
=S=> BGB 2130. 1 The prior heir is obliged , after the occurrence of subsequent succession , to surrender the inheritance to the subsequent heir in the condition that results from a continued proper management until the date of the surrender . The surrender of an agricultural plot of land is governed by the provision of section 596a , and the surrender of a farm is governed by the provisions of sections 596a and 596b with the necessary modifications .
=S=> BGB 2130. 2 On request , the prior heir must render an account .
=U3= Sec2131 -- Section 2131 Scope of duty of care
--
=S=> BGB 2131 With regard to the management , the prior heir owes the subsequent heir only the care that he customarily exercises in his own affairs .
=U3= Sec2132 -- Section 2132 No liability for ordinary wear and tear
--
=S=> BGB 2132 The prior heir is not responsible for alterations or deteriorations of things of the inheritance that are caused by proper use .
=U3= Sec2133 -- Section 2133 Improper or excessive taking of fruits
--
=S=> BGB 2133 If the prior heir takes fruits contrary to the rules of proper management , or if he takes fruits in excess because this has become necessary as a result of a particular event , he is only entitled to the value of the fruits to the extent that the fruits due to him are adversely affected by the improper or excessive taking of fruits , and the value of the fruits is not to be used to restore the thing under the rules of proper management .
=U3= Sec2134 -- Section 2134 Own use
--
=S=> BGB 2134 If the prior heir has used an object of the inheritance for himself , then after subsequent succession begins he is obliged to the subsequent heir to reimburse the value . This does not affect a more extensive liability for fault .
=U3= Sec2135 -- Section 2135 Lease and usufructuary lease in subsequent succession
--
=S=> BGB 2135 Where a prior heir has leased a plot of land or registered ship on a lease or a usufructuary lease that is part of the inheritance , then , if the lease or usufructuary lease still exists at the date when subsequent succession occurs , the provision of section 1056 applies with the necessary modifications .
=U3= Sec2136 -- Section 2136 Release of the prior heir
--
=S=> BGB 2136 The testator may release the prior heir from the restrictions and obligations of section 2113 ( 1 ) and sections 2114 , 2116 to 2119 , 2123 , 2127 to 2131 , 2133 and 2134.
=U3= Sec2137 -- Section 2137 Rule of interpretation for the release
--
=S=> BGB 2137. 1 If the testator has appointed the subsequent heir to what will remain of the inheritance when subsequent succession occurs , the release of all restrictions and obligations set out in section 2136 is deemed to have been ordered .
=S=> BGB 2137. 2 The same is to be assumed in case of doubt if the testator has provided that the prior heir is to be entitled to dispose freely of the inheritance .
=U3= Sec2138 -- Section 2138 Restricted obligation to surrender
--
=S=> BGB 2138. 1 The obligation to surrender of the prior heir is restricted in cases of section 2137 to the objects of the estate that he still has . He may not require reimbursement of outlays on objects that under this restriction he does not have to surrender .
=S=> BGB 2138. 2 If the prior heir , contrary to the provision of section 2113 ( 2 ) , has disposed of an object of the estate or if he has reduced the inheritance with the intention of disadvantaging the subsequent heir , he is liable in damages to the subsequent heir .
=U3= Sec2139 -- Section 2139 Effect of occurrence of subsequent succession
--
=S=> BGB 2139 When the situation giving rise to subsequent succession occurs , the prior heir ceases to be heir and the inheritance passes to the subsequent heir .
=U3= Sec2140 -- Section 2140 Dispositions of the prior heir after occurrence of subsequent succession
--
=S=> BGB 2140 Even after the situation giving rise to subsequent succession occurs , the prior heir is still entitled to dispose of objects of the estate to the same extent as previously , until he obtains knowledge of the occurrence of subsequent succession or ought to have knowledge . A third party cannot rely on this right if , when he undertakes a transaction , he knows of the occurrence or ought to know .
=U3= Sec2141 -- Section 2141 Maintenance for the mother-to-be of a subsequent heir
--
=S=> BGB 2141 If , when the circumstances giving rise to subsequent succession occur , the birth of a subsequent heir is expected , then the claim to maintenance of the mother is governed by the provision of section 1963 with the necessary modifications .
=U3= Sec2142 -- Section 2142 Disclaimer of subsequent succession
--
=S=> BGB 2142. 1 The subsequent heir may disclaim the inheritance as soon as the devolution of the inheritance has occurred .
=S=> BGB 2142. 2 If the subsequent heir disclaims the inheritance , it remains with the prior heir , unless otherwise provided by the testator .
=U3= Sec2143 -- Section 2143 Restoration of extinguished legal relationships
--
=S=> BGB 2143 If subsequent succession occurs , the legal relationships extinguished on the devolution of the inheritance by merger of right and obligation or of right and encumbrance are deemed not to be extinguished .
=U3= Sec2144 -- Section 2144 Liability of the subsequent heir for the obligations of the estate
--
=S=> BGB 2144. 1 The provisions on the restriction of the liability of the heir for the obligations of the estate also apply to the subsequent heir ; the place of the estate is taken by what the subsequent heir receives of the inheritance , including the claims he has against the prior heir as such .
=S=> BGB 2144. 2 The inventory filed by the prior heir also benefits the subsequent heir .
=S=> BGB 2144. 3 The subsequent heir may rely on the limitation of his liability in relation to the prior heir even if he has unlimited liability in relation to the other creditors of the estate .
=U3= Sec2145 -- Section 2145 Liability of the prior heir for the obligations of the estate
--
=S=> BGB 2145. 1 After the occurrence of subsequent succession , the prior heir is still liable for the obligations of the estate to the extent that the subsequent heir is not liable . The liability also continues in existence for those obligations of the estate that in the relationship between the prior heir and the subsequent heir are borne by the prior heir .
=S=> BGB 2145. 2 After the occurrence of the subsequent succession , the prior heir may refuse the discharge of the obligations of the estate , unless he has unlimited liability , to the extent that what he is owed from the inheritance is not sufficient . The provisions of sections 1990 and 1991 apply with the necessary modifications .
=U3= Sec2146 -- Section 2146 Duty of prior heir to notify creditors of the estate
--
=S=> BGB 2146. 1 The prior heir has a duty to the creditors of the estate to notify the occurrence of subsequent succession without undue delay to the probate court . The notice of the subsequent heir takes the place of the notice of the prior heir .
=S=> BGB 2146. 2 The probate court must allow any person who can credibly establish a legal interest to inspect the notification .
|
