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Book 1
General Part
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Division 1
Persons
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Title 1
Natural persons, consumers, entrepreneurs
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Section 1Beginning of legal capacity
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Section 2Beginning of majority
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Sections 3 – 6(repealed)
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Section 7Residence; establishment and termination
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Section 8Residence of persons who lack full capacity to contract
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Section 9Residence of a soldier
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Section 10(repealed)
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Section 11Residence of a child
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Section 12Right to a name
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Section 13Consumer*)
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Section 14Entrepreneur*)
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Sections 15 - 20(repealed)
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Title 2
Legal persons
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Subtitle 1
Associations
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Chapter 1
General provisions
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Section 21Non-commercial association
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Section 22Commercial association
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Section 23(repealed)
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Section 24Seat
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Section 25Constitution
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Section 26Board and representation
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Section 27Appointment of and management by the board
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Section 28Passing of resolutions by the board
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Section 29Emergency appointment by local court [Amtsgericht]
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Section 30Special representatives
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Section 31Liability of an association for organs
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Section 31aLiability of members of executive bodies and special representatives
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Section 31b Liability of members of the association
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Section 32General meeting; passing of resolutions
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Section 33Amendment of articles of association
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Section 34Exclusion from voting
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Section 35Special rights
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Section 36Convening of the general meeting
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Section 37Convening a meeting at the request of a minority
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Section 38Membership
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Section 39Leaving the association
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Section 40Flexible provisions
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Section 41Dissolution of the association
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Section 42Insolvency
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Section 43Deprivation of legal personality
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Section 44Jurisdiction and proceedings
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Section 45Devolution of the assets of the association
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Section 46Devolution on the treasury
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Section 47Liquidation
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Section 48Liquidators
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Section 49Duties of the liquidators
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Section 50Public notice of the association in liquidation
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Section 50aNewspaper for notices
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Section 51One-year waiting period
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Section 52Security for creditors
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Section 53Liability in damages of the liquidators
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Section 54Associations without legal personality
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Chapter 2
Registered associations
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Section 55Jurisdiction over entry in the register
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Section 55aElectronic register of associations
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Section 56Minimum number of members of the association
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Section 57Minimum requirements of the articles of association
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Section 58Recommended contents of the articles of association
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Section 59Application for registration
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Section 60Rejection of the application
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Sections 61 - 63(repealed)
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Section 64Contents of the entry in the register of associations
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Section 65Addition to name
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Section 66Public notice of the entry and safekeeping of documents
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Section 67Changes to the board
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Section 68Protection of public confidence by the register of associations
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Section 69Evidence of composition of the board
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Section 70Protection of public confidence in case of entries on power of agency; passing resolutions
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Section 71Amendments of the articles of association
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Section 72Certificate on number of members
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Section 73Decrease in numbers of members
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Section 74Dissolution
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Section 75Entries in the case of insolvency
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Section 76Entry in case of liquidation
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Section 77Parties obliged to notify and form of notification
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Section 78Assessment of coercive fines
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Section 79Inspection of the register of associations
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Subtitle 2
Foundations
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Section 80Formation of a foundation having legal personality
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Section 81Endowment transaction
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Section 82Duty of founder to make transfers
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Section 83Testamentary foundation
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Section 84Recognition after the death of the founder
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Section 85Constitution of foundation
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Section 86Application of law on associations
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Section 87Change of objects; termination
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Section 88Devolution of property
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Subtitle 3
Legal persons under public law
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Section 89Liability for organs; insolvency
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Division 2
Things and animals
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Section 90Concept of the thing
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Section 90aAnimals
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Section 91Fungible things
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Section 92Consumable things
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Section 93Essential parts of a thing
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Section 94Essential parts of a plot of land or a building
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Section 95Merely temporary purpose
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Section 96Rights as parts of a plot of land
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Section 97Accessories
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Section 98Commercial and agricultural inventory
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Section 99Fruits
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Section 100Emoluments
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Section 101Division of fruits
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Section 102Reimbursement of costs of production
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Section 103Allocation of charges
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Division 3
Legal transactions
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Title 1
Capacity to contract
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Section 104Incapacity to contract
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Section 105Voidness of declaration of intent
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Section 105aEveryday transactions
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Section 106Limited capacity for minors to contract
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Section 107Consent of legal representative
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Section 108Entry into a contract without consent
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Section 109Right of revocation of the other party
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Section 110Payment by minor with own means
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Section 111Unilateral legal transactions
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Section 112Independent operation of a trade or business
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Section 113Service or employment relationship
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Sections 114, 115(repealed)
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Title 2
Declaration of intent
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Section 116Mental reservation
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Section 117Sham transaction
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Section 118Lack of seriousness
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Section 119Voidability for mistake
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Section 120Voidability for incorrect transmission
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Section 121Period for avoidance
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Section 122Liability in damages of the person declaring avoidance
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Section 123Voidability on the grounds of deceit or duress
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Section 124Period for avoidance
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Section 125Voidness resulting from a defect of form
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Section 126Written form
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Section 126aElectronic form
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Section 126bText form
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Section 127Agreed form
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Section 127aCourt settlement
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Section 128Notarial recording
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Section 129Official certification
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Section 130Effectiveness of a declaration of intent to absent parties
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Section 131Effectiveness in relation to persons without full capacity to contract
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Section 132Substitution of service for receipt
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Section 133Interpretation of a declaration of intent
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Section 134Statutory prohibition
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Section 135Statutory prohibition of disposal
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Section 136Official prohibition of disposal
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Section 137Prohibition of dispositions in a legal transaction
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Section 138Legal transaction contrary to public policy; usury
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Section 139Partial invalidity
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Section 140Re-interpretation
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Section 141Confirmation of a void legal transaction
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Section 142Effect of avoidance
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Section 143Declaration of avoidance
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Section 144Confirmation of a voidable legal transaction
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Title 3
Contract
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Section 145Binding effect of an offer
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Section 146Expiry of an offer
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Section 147Period for acceptance
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Section 148Fixing a period for acceptance
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Section 149Late receipt of a declaration of acceptance
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Section 150Late and altered acceptance
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Section 151Acceptance without declaration to the offeror
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Section 152Acceptance by notarial recording
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Section 153Death or incapacity to contract of the offeror
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Section 154Overt lack of agreement; lack of notarial recording
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Section 155Hidden lack of agreement
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Section 156Entry into contracts at auctions
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Section 157Interpretation of contracts
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Title 4
Conditions and specification of time
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Section 158Conditions precedent and subsequent
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Section 159Retroactive effect
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Section 160Liability in the period of suspense
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Section 161Ineffectiveness of dispositions in the period of suspense
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Section 162Prevention of or bringing about the satisfaction of the condition
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Section 163Specification of time
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Title 5
Agency and authority
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Section 164Effect of a declaration made by the agent
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Section 165Agent with limited capacity to contract
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Section 166Absence of intent; imputed knowledge
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Section 167Conferment of authority
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Section 168Expiry of authority
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Section 169Authority of the authorised representative and the managing partner
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Section 170Period of effectiveness of the authority
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Section 171Period of effectiveness in the case of announcement
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Section 172Letter of authorisation
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Section 173Period of effectiveness in the case of knowledge and negligent lack of knowledge
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Section 174Unilateral legal transaction by an authorised representative
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Section 175Return of the letter of authorisation
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Section 176Declaration of invalidity of the letter of authorisation
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Section 177Entry into contract by an unauthorised agent
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Section 178Right of revocation of the other party
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Section 179Liability of an unauthorised agent
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Section 180Unilateral legal transactions
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Section 181Contracting with oneself
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Title 6
Consent and ratification
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Section 182Approval
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Section 183Revocability of consent
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Section 184Retroactive effect of ratification
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Section 185Disposition by an unauthorised person
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Division 4
Periods of time and fixed dates
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Section 186Scope of applicability
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Section 187Beginning of a period of time
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Section 188End of a period of time
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Section 189Calculation of individual periods of time
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Section 190Extension of period
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Section 191Calculation of periods of time
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Section 192Beginning, middle and end of a month
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Section 193Sundays and holidays; Saturdays
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Division 5
Limitation
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Title 1
Subject-matter and duration of limitation
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Section 194Subject-matter of limitation
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Section 195Standard limitation period
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Section 196Limitation period for rights to a plot of land
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Section 197Thirty-year limitation period
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Section 198Limitation in the case of a successor in title
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Section 199Commencement of the standard limitation period and maximum limitation periods
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Section 200Commencement of other limitation periods
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Section 201Commencement of the limitation period for recognised claims
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Section 202Inadmissibility of agreements on limitation
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Section 203Suspension of limitation in the case of negotiations
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Section 204Suspension of limitation as a result of prosecution of rights
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Section 205Suspension of limitation in the case of a right to refuse performance
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Section 206Suspension of limitation in case of force majeure
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Section 207Suspension of limitation for family and other reasons
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Section 208Suspension of limitation in the case of claims for infringement of the right to sexual self-determination
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Section 209Effect of suspension
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Section 210Suspension of expiry of the limitation period in the case of persons without full capacity to contract
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Section 211Suspension of expiry in matters relating to estates
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Section 212Recommencement of the limitation period
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Section 213Suspension, suspension of expiry and recommencement of limitation in the case of other claims
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Title 3
Legal consequences of limitation
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Section 214Effect of limitation
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Section 215Set-off and right of retention after a claim is statute-barred
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Section 216Effect of limitation in the case of secured claims
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Section 217Limitation of collateral performance
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Section 218Ineffectiveness of revocation
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Sections 219 - 225(repealed)
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Division 6
Exercise of rights, self-defence, self-help
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Section 226Prohibition of chicanery
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Section 227Self-defence against persons
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Section 228Necessity
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Section 229Self-help
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Section 230Limits of self-help
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Section 231Self-help by mistake
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Division 7
Provision of security
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Section 232Types
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Section 233Effect of deposit
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Section 234Suitable securities
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Section 235Right to exchange
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Section 236Registered claims
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Section 237Movable things
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Section 238Mortgages, land charges and annuity land charges
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Section 239Surety
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Section 240Duty to supplement security
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Book 2
Law of Obligations
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Division 1
Subject matter of obligations
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Title 1
Duty of performance
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Section 241Duties arising from an obligation
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Section 241aUnsolicited performance*)
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Section 242Performance in good faith
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Section 243Obligation in kind
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Section 244Foreign currency obligation
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Section 245Obligation payable in a specific denomination of money
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Section 246Statutory interest rate
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Section 247Basic rate of interest
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Section 248Compound interest
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Section 249Nature and extent of damages
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Section 250Damages in money after the specification of a period of time
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Section 251Damages in money without the specification of a period of time
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Section 252Lost profits
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Section 253Intangible damage
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Section 254Contributory negligence
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Section 255Assignment of claims to compensation
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Section 256Payment of interest on expenses
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Section 257Claim for release
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Section 258Right of removal
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Section 259Extent of duty to render account
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Section 260Duties when returning or providing information on an aggregate of objects
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Section 261Modifying a declaration in lieu of an oath; costs
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Section 262Alternative obligation; right of choice
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Section 263Exercise of the right of choice; effect
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Section 264Default by the person entitled to the right of choice
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Section 265Impossibility in case of alternative obligations
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Section 266Part performance
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Section 267Performance by third parties
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Section 268Right of redemption of a third party
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Section 269Place of performance
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Section 270Place of payment
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Section 271Time of performance
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Section 272Interim interest
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Section 273Right of retention
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Section 274Effects of the right of retention
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Section 275Exclusion of the duty of performance*)
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Section 276Responsibility of the obligor
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Section 277Standard of care in ones own affairs
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Section 278Responsibility of the obligor for third parties
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Section 279(repealed)
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Section 280Damages for breach of duty
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Section 281Damages in lieu of performance for nonperformance or failure to render performance as owed
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Section 282Damages in lieu of performance for breach of a duty under section 241 (2)
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Section 283Damages in lieu of performance where the duty of performance is excluded
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Section 284Reimbursement of futile expenses
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Section 285Return of reimbursement
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Section 286Default of the obligor*)
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Section 287Liability during default
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Section 288Default interest*)
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Section 289Prohibition of compound interest
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Section 290Interest on compensation for value
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Section 291Interest during legal proceedings
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Section 292Liability in the case of a duty to return
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Title 2
Default by the obligee
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Section 293Default in acceptance
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Section 294Actual offer
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Section 295Verbal offer
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Section 296Dispensability of the offer
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Section 297Inability of the obligor
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Section 298Concurrent performance
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Section 299Temporary prevention of acceptance
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Section 300Effects of default by the obligee
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Section 301Cessation of interest
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Section 302Emoluments
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Section 303Right to abandon possession
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Section 304Compensation for extra expenses
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Section 305Incorporation of standard business terms into the contract
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Section 305aIncorporation in special cases
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Section 305bPriority of individually agreed terms
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Section 305cSurprising and ambiguous clauses
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Section 306Legal consequences of non-incorporation and ineffectiveness
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Section 306aProhibition of circumvention
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Section 307Test of reasonableness of contents
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Section 308Prohibited clauses with the possibility of evaluation
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Section 309Prohibited clauses without the possibility of evaluation
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Section 310Scope of application
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Division 3
Contractual obligations
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Title 1
Creation, subject matter and termination
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Subtitle 1
Creation
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Section 311Obligations created by legal transaction and obligations similar to legal transactions
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Section 311aObstacle to performance when contract is entered into
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Section 311bContracts on plots of land, assets and an estate
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Section 311cApplication to accessories
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Subtitle 2
Principles applying to consumer contracts; particular types of sale*)
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Chapter 1
Scope of application and principles applying to consumer contracts
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Section 312Scope of application
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Section 312aGeneral obligations and principles applying to consumer contracts; limits to the agreement of remuneration
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Chapter 2
Off-premises contracts and distance contracts
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Section 312b Off-premises contracts
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Section 312c Distance contracts
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Section 312dInformation requirements
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Section 312e Violation of information obligations as to costs
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Section 312fCopies and confirmations
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Section 312g Right of withdrawal
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Section 312hTermination and power of attorney to terminate
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Section 312iGeneral obligations in electronic commerce
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Section 312j Special obligations vis-à-vis consumers in electronic commerce
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Chapter 4
Deviating agreements and burden of proof
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Section 312kDeviating agreements and burden of proof
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Subtitle 3
Adaptation and ending of contracts
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Section 313Interference with the basis of the transaction
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Section 314Termination, for a compelling reason, of contracts for the performance of a continuing obligation
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Subtitle 4
Unilateral rights to specify performance
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Section 315Specification of performance by one party
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Section 316Specification of consideration
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Section 317Specification of performance by a third party
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Section 318Avoidance of specification
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Section 319Ineffectiveness of the specification; substitution
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Title 2
Reciprocal contracts
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Section 320Defence of unperformed contract
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Section 321Defence of uncertainty
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Section 322Order to perform reciprocally and simultaneously
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Section 323Revocation for nonperformance or for performance not in conformity with the contract*)
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Section 324Revocation for breach of a duty under section 241 (2)
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Section 325Damages and revocation
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Section 326Release from consideration and revocation where the duty of performance is excluded*)
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Section 327(repealed)
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Title 3
Promise of performance to a third party
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Section 328Contract for the benefit of third parties
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Section 329Interpretation rule where there is an assumption of the duty to perform
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Section 330Interpretation rule in the case of life annuity contracts
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Section 331Performance after death
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Section 332Modification by disposition mortis causa in case of reservation
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Section 333Rejection of the right by the third party
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Section 334Objections of the obligor in relation to the third party
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Section 335Right of the promisee to make demands
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Title 4
Earnest, contractual penalty
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Section 336Interpretation of earnest
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Section 337Crediting or return of the earnest
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Section 338Earnest in case of impossibility of performance for which giver of earnest is responsible
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Section 339Payability of contractual penalty
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Section 340Promise to pay a penalty for nonperformance
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Section 341Promise of a penalty for improper performance
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Section 342Alternatives to monetary penalty
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Section 343Reduction of the penalty
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Section 344Ineffective promise of a penalty
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Section 345Burden of proof
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Title 5
Revocation; right of withdrawal in consumer contracts
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Subtitle 1
Revocation
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Section 346Effects of revocation
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Section 347Emoluments and outlays after revocation
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Section 348Reciprocal and simultaneous performance
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Section 349Declaration of revocation
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Section 350Extinction of the right of revocation after a period of time has been specified
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Section 351Indivisibility of the right of revocation
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Section 352Set-off after nonperformance
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Section 353Revocation in return for forfeit money
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Section 354Forfeiture of rights
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Subtitle 2
Right of withdrawal in consumer contracts
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Section 355Right of withdrawal in consumer contracts
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Section 356Right of withdrawal in off-premises contracts and distance contracts
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Section 356aRight of withdrawal in case of timeshare, long-term holiday product, brokerage contracts, and exchange system contracts
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Section 356bRight of withdrawal in consumer credit agreements
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Section 356c Right of withdrawal in contracts for delivery by instalments
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Section 357Legal consequences of withdrawal from off-premises contracts and distance contracts, to the exception of contracts relating to financial services
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Section 357aLegal consequences of the withdrawal of contracts relating to financial services
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Section 357b Legal consequences of the withdrawal of timeshare, long-term holiday product, brokerage contracts, and exchange system contracts
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Section 357cLegal consequences of revoking contracts for delivery by instalments that are neither distance contracts nor off-premises contracts
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Section 358Contracts linked to the contract from which the consumer has withdrawn
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Section 359Objections in the case of linked contracts
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Section 360Related contracts
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Section 361Further claims, deviating agreements and burden of proof
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Division 4
Extinction of obligations
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Title 1
Performance
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Section 362Extinction by performance
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Section 363Burden of proof in the case of acceptance as performance of contract
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Section 364Acceptance in lieu of performance of contract
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Section 365Warranty in the case of performance in lieu of performance of contract
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Section 366Crediting of performance to more than one claim
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Section 367Crediting to interest and costs
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Section 368Receipt
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Section 369Costs of the receipt
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Section 370Performance to the bringer of the receipt
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Section 371Return of the certificate of indebtedness
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Section 372Requirements
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Section 373Reciprocal and simultaneous performance
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Section 374Place of deposit; duty to notify
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Section 375Retroactive effect with dispatch by mail
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Section 376Right to take back
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Section 377Unpledgeability of the right to take back
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Section 378Effect of deposit where taking back is excluded
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Section 379Effect of deposit where taking back is not excluded
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Section 380Proof of entitlement to receive
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Section 381Costs of deposit
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Section 382Extinction of the right of the obligee
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Section 383Auction of things not capable of deposit
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Section 384Warning of auction
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Section 385Sale by private agreement
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Section 386Costs of the auction
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Title 3
Set-off
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Section 387Requirements
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Section 388Declaration of set-off
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Section 389Effect of set-off
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Section 390No set-off against a claim subject to a defence
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Section 391Set-off with different places of performance
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Section 392Set-off against a seized claim
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Section 393No set-off against a claim in tort
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Section 394No set-off against an unpledgeable claim
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Section 395Set-off against claims of public-law corporations
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Section 396More than one claim
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Title 4
Forgiveness
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Section 397Contract of forgiveness, acknowledgement of non-indebtedness
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Division 5
Transfer of a claim
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Section 398Assignment
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Section 399Exclusion of assignment in case of change of contents or by agreement
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Section 400Exclusion in case of unpledgeable claims
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Section 401Passing of accessory rights and preferential rights
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Section 402Duty of information; provision of documents
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Section 403Duty of notarial recording
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Section 404Objections of the obligor
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Section 405Assignment with presentation of documents
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Section 406Set-off in relation to the new obligee
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Section 407Legal acts in relation to the previous obligee
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Section 408Multiple assignment
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Section 409Notice of assignment
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Section 410Delivery of the assignment document
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Section 411Assignment of salary
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Section 412Statutory passing of claims
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Section 413Transfer of other rights
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Division 6
Assumption of debt
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Section 414Contract between obligee and transferee
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Section 415Contract between obligor and transferee
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Section 416Assumption of a mortgage debt
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Section 417Objections of the transferee
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Section 418Extinction of security rights and preferential rights
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Section 419(repealed)
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Division 7
More than one obligor and obligee
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Section 420Divisible performance
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Section 421Joint and several debtors
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Section 422Effect of performance
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Section 423Effect of forgiveness
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Section 424Effect of default by the obligee
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Section 425Effect of other facts
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Section 426Duty to adjust advancements, passing of claim
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Section 427Joint contractual duty
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Section 428Joint and several creditors
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Section 429Effect of changes
|
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Section 430Duty of the joint and several creditors to adjust advancements
|
|
Section 431More than one obligor of indivisible performance
|
|
Section 432More than one obligee of indivisible performance
|
Division 8
Particular types of obligations
|
Title 1
Purchase, exchange
|
Subtitle 1
General provisions
|
|
Section 433Typical contractual duties in a purchase agreement
|
|
Section 434Material defects
|
|
Section 435Legal defects
|
|
Section 436Public charges on plots of land
|
|
Section 437Rights of buyer in the case of defects
|
|
Section 438Limitation of claims for defects
|
|
Section 439Cure
|
|
Section 440Special provisions on revocation and damages
|
|
Section 441Reduction of price
|
|
Section 442Knowledge of the buyer
|
|
Section 443Guarantee
|
|
Section 444Exclusion of liability
|
|
Section 445Limitation of liability in the case of public auctions
|
|
Section 446Passing of risk and of charges
|
|
Section 447Passing of risk in the case of sales shipment
|
|
Section 448Costs of delivery and comparable costs
|
|
Section 449Retention of title
|
|
Section 450Excluded buyers in the case of certain sales
|
|
Section 451Purchase by excluded buyer
|
|
Section 452Purchase of a ship
|
|
Section 453Purchase of rights
|
Subtitle 2
Special types of purchase
|
Chapter 1
Purchase on approval
|
|
Section 454Coming into existence of the purchase agreement
|
|
Section 455Approval period
|
Chapter 2
Repurchase
|
|
Section 456Coming into existence of the repurchase agreement
|
|
Section 457Liability of the reseller
|
|
Section 458Removal of third-party rights
|
|
Section 459Reimbursement of outlays
|
|
Section 460Repurchase at estimated value
|
|
Section 461More than one person entitled to repurchase
|
|
Section 462Cut-off period
|
Chapter 3
Preemption
|
|
Section 463Requirements for exercise
|
|
Section 464Exercise of the right of preemption
|
|
Section 465Ineffective agreements
|
|
Section 466Collateral performance
|
|
Section 467Total price
|
|
Section 468Deferral of the purchase price
|
|
Section 469Duty to notify, exercise period
|
|
Section 470Sale to heir on intestacy
|
|
Section 471Sale in case of execution of judgment or insolvency
|
|
Section 472More than one person with a right of preemption
|
|
Section 473Non-transferability
|
Subtitle 3
Purchase of consumer goods
|
|
Section 474The concept of sale of consumer goods; applicable provisions
|
|
Section 475Deviating agreements
|
|
Section 476Shifting the burden of proof
|
|
Section 477Special provisions for guarantees
|
|
Section 478Recourse of the entrepreneur
|
|
Section 479Limitation of recourse claims
|
Subtitle 4
Exchange
|
|
Section 480Exchange
|
Title 2
Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts
|
|
Section 481Time-share agreements
|
|
Section 481aContract relating to a long-term holiday product
|
|
Section 481bBrokerage contract, exchange system contract
|
|
Section 482Preliminary contract information, advertising and prohibition of sale as an investment
|
|
Section 482aNotification regarding revocation
|
|
Section 483Language of the contract and of the preliminary contract information
|
|
Section 484Form and content of the contract
|
|
Section 485Right of withdrawal
|
|
Section 486Prohibition of down payment
|
|
Section 486aSpecial provisions for contracts relating to long-term holiday products
|
|
Section 487Deviating agreements
|
Title 3
Loan contract; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer
|
Subtitle 1
Loan contract
|
Chapter 1
General provisions
|
|
Section 488Typical contractual duties in a loan contract
|
|
Section 489Right of the borrower to give notice of termination
|
|
Section 490Right to terminate for cause
|
Chapter 2
Special provisions for consumer credit agreements
|
|
Section 491Consumer credit agreement
|
|
Section 491aPreliminary contract information obligations with consumer credit agreements
|
|
Section 492Written form, contents of the contract
|
|
Section 493Information during the contractual relationship
|
|
Section 494Legal consequences of defects of form
|
|
Section 495Right of withdrawal
|
|
Section 496Waiver of objections, prohibition of bills of exchange and cheques
|
|
Section 497Default of the borrower
|
|
Section 498Calling in entire loan in the case of loans repayable in instalments
|
|
Section 499Right of the lender to terminate; right to refuse performance
|
|
Section 500Termination right of the borrower; early repayment
|
|
Section 501Cost reduction
|
|
Section 502Compensation for early repayment of a loan
|
|
Section 503Real estate loan contracts
|
|
Section 504Granted overdraft
|
|
Section 505Tolerated overdraft
|
Subtitle 2
Financing assistance between an entrepreneur and a consumer
|
|
Section 506Postponement of payment, other financing assistance
|
|
Section 507Instalment payment transactions
|
|
Section 508Revocation with regard to instalment payment transactions
|
|
Section 509Verification of credit worthiness
|
Subtitle 3
Instalment supply contracts between an entrepreneur and a consumer
|
|
Section 510Contracts for delivery by instalments
|
Subtitle 4
Mandatory nature, application to founders of new businesses
|
|
Section 511Deviating agreements
|
|
Section 512Application to founders of new businesses
|
|
Sections 513 to 515(repealed)
|
Title 4
Donation
|
|
Section 516Concept of donation
|
|
Section 517Failure to acquire assets
|
|
Section 518Form of promise of donation
|
|
Section 519Defence of paying for necessaries
|
|
Section 520Expiry of the promise of an annuity
|
|
Section 521Liability of the donor
|
|
Section 522No default interest
|
|
Section 523Liability for legal defects
|
|
Section 524Liability for material defects
|
|
Section 525Donation subject to conditions
|
|
Section 526Refusal to fulfil the condition
|
|
Section 527Non-fulfilment of the condition
|
|
Section 528Claim for return due to impoverishment of the donor
|
|
Section 529Exclusion of claim for return
|
|
Section 530Revocation of donation
|
|
Section 531Declaration of revocation
|
|
Section 532Exclusion of revocation
|
|
Section 533Waiver of the right of revocation
|
|
Section 534Donations for duty and decency
|
Title 5
Lease, usufructuary lease
|
Subtitle 1
General provisions for leases
|
|
Section 535Contents and primary duties of the lease agreement
|
|
Section 536Rent reduction for material and legal defects
|
|
Section 536aClaim of lessee for damages and reimbursement of expenses due to a defect
|
|
Section 536bLessee knows of the defect upon entering into the agreement or upon acceptance
|
|
Section 536cDefects occurring during the lease period; notice of defect by the lessee
|
|
Section 536dContractual exclusion of rights of lessee with regard to defects
|
|
Section 537Payment of rent when the lessee is unable to be present in person
|
|
Section 538Wear and tear on the leased property from use in conformity with the contract
|
|
Section 539Reimbursement of other expenses and right of removal of the lessee
|
|
Section 540Permitting use by third parties
|
|
Section 541Application for injunction for use in breach of contract
|
|
Section 542End of the lease
|
|
Section 543Termination for cause without notice for a compelling reason
|
|
Section 544Lease for more than thirty years
|
|
Section 545Tacit extension of the lease
|
|
Section 546Duty of lessee to return
|
|
Section 546aCompensation of the lessor in the case of late return
|
|
Section 547Reimbursement of rent paid in advance
|
|
Section 548Limitation of compensation claims and right of removal
|
Subtitle 2
Leases for residential space
|
Chapter 1
General provisions
|
|
Section 549Provisions applicable to leases of residential space
|
|
Section 550Form of the lease agreement
|
|
Section 551Restriction and investment of rent security deposits
|
|
Section 552Warding off the right of removal of the lessee
|
|
Section 553Permitting use by third parties
|
|
Section 554(repealed)
|
|
Section 554aAccessibility
|
|
Section 555Ineffectiveness of contractual penalty
|
Chapter 1a
Structural maintenance and modernisation measures
|
|
Section 555a Structural maintenance measures
|
|
Section 555b Modernisation measures
|
|
Section 555c Announcement of modernisation measures
|
|
Section 555d Toleration of modernisation measures, time limit
|
|
Section 555e Special termination right of the lessee in case of modernisation measures
|
|
Section 555f Agreements on structural maintenance or modernisation measures
|
Chapter 2
Rent
|
Subchapter 1
Agreements on rent
|
|
Section 556Agreements on operating costs
|
|
Section 556aAccounting criterion for operating costs
|
|
Section 556bDue date of rent, right to set-off and right of retention
|
|
Section 556c Costs of heat supply as operational costs, empowerment to issue an ordinance
|
Subchapter 2
Provisions on the rent amount
|
|
Section 557Increases in rent by agreement or law
|
|
Section 557aStepped rent
|
|
Section 557bIndexed rent
|
|
Section 558Increase in rent up to the reference rent customary in the locality
|
|
Section 558aForm and justification of the rent increase
|
|
Section 558bApproval of a rent increase
|
|
Section 558cList of representative rents
|
|
Section 558dExpert list of representative rents
|
|
Section 558eRent database
|
|
Section 559Rent increase after modernisation measures
|
|
Section 559aCrediting of third-party funds
|
|
Section 559bAssertion of an increase; effect of declaration of increase
|
|
Section 560Changes in operating costs
|
|
Section 561Special right of termination of the lessee following a rent increase
|
Chapter 3
Security right of the lessor
|
|
Section 562Extent of the security right of the lessor
|
|
Section 562aExtinction of the security right of the lessor
|
|
Section 562bSelf-help; claim for return
|
|
Section 562cWarding off the security right by provision of security
|
|
Section 562dAttachment by a third party
|
Chapter 4
Change of parties to the contract
|
|
Section 563Right of succession upon death of the lessee
|
|
Section 563aContinuation with surviving lessees
|
|
Section 563bLiability in the case of succession or continuation
|
|
Section 564Continuation of the lease with the heir; termination for cause
|
|
Section 565Commercial subletting
|
|
Section 566Purchase is subject to existing leases
|
|
Section 566aRent security deposit
|
|
Section 566bAdvance disposition of the rent
|
|
Section 566cAgreement between lessee and lessor on the rent
|
|
Section 566dSet-off by the lessee
|
|
Section 566eNotification by the lessor of passing of ownership
|
|
Section 567Encumbrance of the residential space by the lessor
|
|
Section 567aDisposal or encumbrance prior to permission of use of residential space
|
|
Section 567bFurther disposal or encumbrance by the acquirer
|
Chapter 5
Termination of the lease
|
Subchapter 1
General provisions
|
|
Section 568Form and contents of the notice of termination
|
|
Section 569Termination for cause without notice for a compelling reason
|
|
Section 570Exclusion of the right of retention
|
|
Section 571Further damages for late return of residential space
|
|
Section 572Agreement on right of revocation; lease subject to condition subsequent
|
Subchapter 2
Leases for an indefinite period of time
|
|
Section 573Notice of termination by the lessor
|
|
Section 573aSimplified termination by the lessor
|
|
Section 573bPartial termination by the lessor
|
|
Section 573cTermination notice periods
|
|
Section 573dTermination for cause with the statutory notice period
|
|
Section 574Objection of lessee to termination
|
|
Section 574aContinuation of lease after objection
|
|
Section 574bForm and period of objection
|
|
Section 574cFurther continuation of lease in the case of unforeseen circumstances
|
Subchapter 3
Leases for a definite period of time
|
|
Section 575Fixed-term lease
|
|
Section 575aTermination for cause with the statutory notice period
|
Subchapter 4
Tied dwellings
|
|
Section 576Periods for notice of termination in the case of tied leased dwellings
|
|
Section 576aSpecial features of the right of objection in the case of tied leased dwellings
|
|
Section 576bApplication of landlord and tenant law with the necessary modifications in connection with tied dwellings
|
Chapter 6
Special features when creating apartment ownership of leased residences
|
|
Section 577Right of preemption of the lessee
|
|
Section 577aRestriction on notice of termination in connection with conversion of the dwelling
|
Subtitle 3
Leases of other things
|
|
Section 578Leases of plots of land and premises
|
|
Section 578aLease of registered ships
|
|
Section 579Due date of the rent
|
|
Section 580Notice of termination for cause in the case of the death of the lessee
|
|
Section 580aNotice periods
|
Subtitle 4
Usufructuary lease
|
|
Section 581Typical contractual duties in a usufructuary lease
|
|
Section 582Maintenance of inventory
|
|
Section 582aTaking over inventory at its estimated value
|
|
Section 583Security right of usufructuary lessee over inventory
|
|
Section 583aRestrictions on disposition of inventory
|
|
Section 584Notice period
|
|
Section 584aExclusion of certain rights of termination under landlord and tenant law
|
|
Section 584bLate return
|
Subtitle 5
Farm lease
|
|
Section 585Concept of farm lease
|
|
Section 585aForm of a farm lease
|
|
Section 585bDescription of the leased property
|
|
Section 586Typical contractual duties in a farm lease
|
|
Section 586aEncumbrances on the leased property
|
|
Section 587Due date of rent; payment of rent where the usufructuary lessee is personally prevented
|
|
Section 588Measures of maintenance or improvement
|
|
Section 589Surrender of use to third parties
|
|
Section 590Change of agricultural purpose or of previous use
|
|
Section 590aUse in breach of contract
|
|
Section 590bNecessary outlays
|
|
Section 591Outlays that increase value
|
|
Section 591aRemoval of installations
|
|
Section 591bLimitation of compensation claims
|
|
Section 592Security right of the usufructuary lessor
|
|
Section 593Amendment of farm leases
|
|
Section 593aTransfer of a business
|
|
Section 593bDisposal or encumbrance of the leased property
|
|
Section 594Termination and extension of the lease
|
|
Section 594aNotice periods
|
|
Section 594bLease for more than thirty years
|
|
Section 594cTermination in the case of occupational disability of the usufructuary lessee
|
|
Section 594dDeath of the usufructuary lessee
|
|
Section 594eTermination for cause without notice for a compelling reason
|
|
Section 594fWritten form of termination
|
|
Section 595Continuation of the lease
|
|
Section 595aEarly notice of termination of farm leases
|
|
Section 596Return of the leased property
|
|
Section 596aDuty to compensate for early termination of lease
|
|
Section 596bDuty to leave behind
|
|
Section 597Late return
|
Title 6
Gratuitous loan
|
|
Section 598Typical contractual duties in the case of a gratuitous loan
|
|
Section 599Liability of the lender
|
|
Section 600Liability for defects
|
|
Section 601Reimbursement of outlays
|
|
Section 602Wear and tear on the thing
|
|
Section 603Use in conformity with the contract
|
|
Section 604Duty to return
|
|
Section 605Right of termination
|
|
Section 606Short limitation period
|
Title 7
Contract for the loan of a thing
|
|
Section 607Typical contractual duties in a contract for the loan of a thing
|
|
Section 608Termination
|
|
Section 609Payment
|
|
Section 610(repealed)
|
Title 8
Service contract and similar contracts
|
Subtitle 1
Service contract
|
|
Section 611Typical contractual duties in a service contract
|
|
Sections 611a and 611b(repealed)
|
|
Section 612Remuneration
|
|
Section 612aProhibition of victimisation
|
|
Section 613Non-transferability
|
|
Section 613aRights and duties in the case of transfer of business
|
|
Section 614Due date of remuneration
|
|
Section 615Remuneration in the case of default in acceptance and business risk
|
|
Section 616Temporary prevention from performing services
|
|
Section 617Duty of medical care
|
|
Section 618Duty to undertake protective measures
|
|
Section 619Absolute nature of welfare duties
|
|
Section 619aBurden of proof when the employee is liable
|
|
Section 620Termination of services relationship
|
|
Section 621Notice periods for service relationships
|
|
Section 622Notice periods in the case of employment relationships
|
|
Section 623Written form of termination
|
|
Section 624Notice period in the case of contracts lasting more than five years
|
|
Section 625Tacit extension
|
|
Section 626Termination without notice for a compelling reason
|
|
Section 627Termination without notice in the case of a position of trust
|
|
Section 628Partial remuneration and damages in case of termination without notice
|
|
Section 629Time off for search for employment
|
|
Section 630Duty to provide a reference
|
Subtitle 2
Treatment contract
|
|
Section 630a Duties typical of the contract in the treatment contract
|
|
Section 630b Applicable provisions
|
|
Section 630c Cooperation between the contracting parties; obligations to provide information
|
|
Section 630d Consent
|
|
Section 630e Obligations to provide information
|
|
Section 630f Documentation of the treatment
|
|
Section 630g Inspection of the medical records
|
|
Section 630h The burden of proof in case of liability for malpractice and errors in providing information
|
Title 9
Contract to produce a work and similar contracts
|
Subtitle 1
Contract to produce a work
|
|
Section 631Typical contractual duties in a contract to produce a work
|
|
Section 632Remuneration
|
|
Section 632aPart payments
|
|
Section 633Material defects and legal defects
|
|
Section 634Rights of the customer in the case of defects
|
|
Section 634aLimitation of claims for defects
|
|
Section 635Cure
|
|
Section 636Special provisions on revocation and damages
|
|
Section 637Self-help
|
|
Section 638Reduction of price
|
|
Section 639Exclusion of liability
|
|
Section 640Acceptance
|
|
Section 641Due date of remuneration
|
|
Section 641a(repealed)
|
|
Section 642Collaboration by the customer
|
|
Section 643Termination for failure to collaborate
|
|
Section 644Allocation of risk
|
|
Section 645Responsibility of the customer
|
|
Section 646Completion in lieu of acceptance
|
|
Section 647Security right of the contractor
|
|
Section 648Mortgage of a building contractor
|
|
Section 648aBuilder’s security
|
|
Section 649Right of termination of the customer
|
|
Section 650Cost estimate
|
|
Section 651Application of sale of goods law*)
|
Subtitle 2
Package travel contract*)
|
|
Section 651aTypical contractual duties in a package travel contract
|
|
Section 651bTransfer of contract
|
|
Section 651cRelief
|
|
Section 651dReduction of price
|
|
Section 651eTermination for defect
|
|
Section 651fDamages
|
|
Section 651gCut-off period; limitation
|
|
Section 651hAdmissible limitation of liability
|
|
Section 651iRevocation prior to commencement of travel
|
|
Section 651jTermination due to force majeure
|
|
Section 651kGuarantee; payment
|
|
Section 651lExchange student stays
|
|
Section 651mDeviating agreements
|
Title 10
Brokerage contract
|
Subtitle 1
General provisions
|
|
Section 652Accrual of fee claim
|
|
Section 653Brokerage fee
|
|
Section 654Forfeiture of the fee claim
|
|
Section 655Reduction of the brokerage fee
|
Subtitle 2
Intermediation of consumer credit agreements
|
|
Section 655aCredit intermediation contract
|
|
Section 655bWritten form in the case of a contract with a consumer
|
|
Section 655cRemuneration
|
|
Section 655dAncillary payment
|
|
Section 655eDeviating agreements, application to founders of new businesses
|
Subtitle 3
Marriage broking
|
|
Section 656Marriage broking
|
Title 11
Promise of a reward
|
|
Section 657Binding promise
|
|
Section 658Revocation
|
|
Section 659Act undertaken more than once
|
|
Section 660Collaboration by more than one person
|
|
Section 661Prize competition
|
|
Section 661aPromises of prizes
|
Title 12
Mandate, contract for the management of the affairs of another and payment services
|
Subtitle 1
Mandate
|
|
Section 662Typical contractual duties in a mandate
|
|
Section 663Duty to notify when rejecting
|
|
Section 664Non-transferability; liability for assistants
|
|
Section 665Deviation from instructions
|
|
Section 666Duty of information and duty to render account
|
|
Section 667Duty to return
|
|
Section 668Interest on money spent
|
|
Section 669Duty of advance payment
|
|
Section 670Reimbursement of expenses
|
|
Section 671Revocation; termination
|
|
Section 672Death or incapacity to contract of the mandator
|
|
Section 673Death of the mandatary
|
|
Section 674Legal fiction of continuation
|
|
Section 675Nongratuitous management of the affairs of another
|
|
Section 675aDuties to provide information
|
|
Section 675bOrders to transfer securities in systems
|
Subtitle 3
Payment services
|
Chapter 1
General provisions
|
|
Section 675cPayment services and electronic money
|
|
Section 675dInformation on payment services
|
|
Section 675eDerogating agreements
|
Chapter 2
Payment services contract
|
|
Section 675fPayment services contract
|
|
Section 675gAmendment of the framework contract on payment services
|
|
Section 675hOrdinary termination of a framework contract on payment services
|
|
Section 675iExceptions for low-value payment instruments and electronic money
|
Chapter 3
Provision and use of payment services
|
Subchapter 1
Authorisation of payment transactions; payment authentication instruments
|
|
Section 675jConsent and withdrawal of consent
|
|
Section 675kRestriction on use
|
|
Section 675lObligations of the payer with regard to payment authentication instruments
|
|
Section 675m Obligations of the payment service provider with regard to payment authentication instruments; risk of dispatch
|
Subchapter 2
Execution of payment transactions
|
|
Section 675nReceipt of payment orders
|
|
Section 675oRefusal of payment orders
|
|
Section 675pIrrevocability of a payment order
|
|
Section 675qCharges for payment transactions
|
|
Section 675rExecution of a payment transaction using unique identifiers
|
|
Section 675sExecution deadline for payment transactions
|
|
Section 675tValue date and availability of funds
|
Subchapter 3
Liability
|
|
Section 675uLiability of the payment service provider for unauthorised payment transactions
|
|
Section 675vLiability of the payer in case of abusive use of a payment authentication instrument
|
|
Section 675wProof of authentication
|
|
Section 675xRefund claim in case of an authorised payment transaction initiated by or through the payee
|
|
Section 675yLiability of the payment service provider in case of non-execution or defective execution of a payment order; obligation to make enquiries
|
|
Section 675zOther claims in case of non-execution or erroneous execution of a payment order or an unauthorised payment transaction
|
|
Section 676Proof of execution of payment transactions
|
|
Section 676aEqualisation claim
|
|
Section 676bNotification of unauthorised or erroneously executed payment transactions
|
|
Section 676cDisclaimer
|
Title 13
Agency without specific authorisation
|
|
Section 677Duties of the voluntary agent
|
|
Section 678Agency contrary to the will of the principal
|
|
Section 679Irrelevance of the contrary will of the principal
|
|
Section 680Agency to ward off danger
|
|
Section 681Ancillary duties of the voluntary agent
|
|
Section 682Lack of capacity to contract on the part of the voluntary agent
|
|
Section 683Reimbursement of expenses
|
|
Section 684Return of enrichment
|
|
Section 685Intention to donate
|
|
Section 686Error as to the identity of the principal
|
|
Section 687False agency without specific authorisation
|
Title 14
Safekeeping
|
|
Section 688Typical contractual duties in safekeeping
|
|
Section 689Remuneration
|
|
Section 690Liability for gratuitous safekeeping
|
|
Section 691Deposit with third parties
|
|
Section 692Change of safekeeping
|
|
Section 693Reimbursement of expenses
|
|
Section 694Liability in damages of the depositor
|
|
Section 695Right of the depositor to demand return
|
|
Section 696Claim of depositary for repossession of the thing deposited
|
|
Section 697Place for return
|
|
Section 698Interest on money spent
|
|
Section 699Due date of remuneration
|
|
Section 700Irregular safekeeping contract
|
Title 15
Bringing things onto the premises of innkeepers
|
|
Section 701Liability of the innkeeper
|
|
Section 702Limitation of liability; valuables
|
|
Section 702aRelease from liability
|
|
Section 703Extinction of the claim for damages
|
|
Section 704Security right of the innkeeper
|
Title 16
Partnership
|
|
Section 705Contents of partnership agreement
|
|
Section 706Contributions of the partners
|
|
Section 707Increase of the agreed contribution
|
|
Section 708Liability of the partners
|
|
Section 709Joint management
|
|
Section 710Transfer of management
|
|
Section 711Right to object
|
|
Section 712Revocation and dismissal of management
|
|
Section 713Rights and duties of managing partners
|
|
Section 714Power of agency
|
|
Section 715Revocation of the power of agency
|
|
Section 716Right of control of the partners
|
|
Section 717Non-transferability of partner rights
|
|
Section 718Partnership assets
|
|
Section 719Joint property
|
|
Section 720Protection of good faith debtor
|
|
Section 721Distribution of profits and losses
|
|
Section 722Shares in profit and loss
|
|
Section 723Termination by partner
|
|
Section 724Notice of termination in the case of a partnership for life or a continuing partnership
|
|
Section 725Termination by attachment creditors
|
|
Section 726Dissolution due to achievement or impossibility of its object
|
|
Section 727Dissolution due to the death of a partner
|
|
Section 728Dissolution due to insolvency of the partnership or one of its partners
|
|
Section 729Continuation of authority to manage
|
|
Section 730Winding-up of the partnership; management
|
|
Section 731Procedure for winding-up of the partnership
|
|
Section 732Return of objects
|
|
Section 733Discharge of partnership debts; reimbursement of capital contributions
|
|
Section 734Distribution of the surplus
|
|
Section 735Duty to make subsequent contributions in case of loss
|
|
Section 736Retirement of a partner; continuing liability
|
|
Section 737Exclusion of a partner
|
|
Section 738Winding-up of the partnership on retirement
|
|
Section 739Liability for deficit
|
|
Section 740Sharing in the financial results of transactions in progress
|
Title 17
Co-ownership
|
|
Section 741Co-ownership by defined shares
|
|
Section 742Equal shares
|
|
Section 743Share in the fruits; authority to use
|
|
Section 744Joint administration
|
|
Section 745Administration and use by resolution
|
|
Section 746Effect in relation to successors in interest
|
|
Section 747Disposal of a share and joint objects
|
|
Section 748Bearing of charges and costs
|
|
Section 749Cancellation claim
|
|
Section 750Exclusion of cancellation in case of death
|
|
Section 751Exclusion of cancellation and successors in interest
|
|
Section 752Division in kind
|
|
Section 753Division by sale
|
|
Section 754Sale of joint claims
|
|
Section 755Discharge of a joint debt
|
|
Section 756Discharge of the debt of a part owner
|
|
Section 757Warranty upon allocation to a part owner
|
|
Section 758Right of cancellation not subject to the statute of limitations
|
Title 18
Life annuity
|
|
Section 759Duration and amount of the annuity
|
|
Section 760Advance payment
|
|
Section 761Form of life annuity commitment
|
Title 19
Imperfect obligations
|
|
Section 762Gaming, betting
|
|
Section 763Lottery contracts and gaming contracts
|
|
Section 764(repealed)
|
Title 20
Suretyship
|
|
Section 765Typical contractual duties in suretyship
|
|
Section 766Written form of the declaration of suretyship
|
|
Section 767Extent of the suretyship debt
|
|
Section 768Defences of surety
|
|
Section 769Co-suretyship
|
|
Section 770Defences of voidability and set-off
|
|
Section 771Defence of unexhausted remedies
|
|
Section 772Duty of creditor of enforcement and realisation
|
|
Section 773Exclusion of defence of unexhausted remedies
|
|
Section 774Statutory passing of claims
|
|
Section 775Claim to release of the surety
|
|
Section 776Waiver of a security
|
|
Section 777Temporary suretyship
|
|
Section 778Credit mandate
|
Title 21
Settlement
|
|
Section 779Concept of settlement; mistake as to the basis of the settlement
|
Title 22
Promise to fulfil an obligation; acknowledgement of debt
|
|
Section 780Promise to fulfil an obligation
|
|
Section 781Acknowledgement of a debt
|
|
Section 782No formal requirements for settlement
|
Title 23
Order
|
|
Section 783Rights derived from an order
|
|
Section 784Acceptance of the order
|
|
Section 785Delivery of the order
|
|
Section 786(repealed)
|
|
Section 787Order to assume debt
|
|
Section 788Underlying debt relationship
|
|
Section 789Duty of payee to notify
|
|
Section 790Revocation of the order
|
|
Section 791Death or incapacity to contract of a participant
|
|
Section 792Transfer of the order
|
Title 24
Bearer bond
|
|
Section 793Rights under a bearer bond
|
|
Section 794Liability of the issuer
|
|
Section 795(repealed)
|
|
Section 796Objections of the issuer
|
|
Section 797Duty to pay only in return for delivery
|
|
Section 798Replacement document
|
|
Section 799Declaration of invalidity
|
|
Section 800Effect of the declaration of invalidity
|
|
Section 801Extinction; limitation
|
|
Section 802Stoppage of payment
|
|
Section 803Interest coupons
|
|
Section 804Loss of interest coupons or similar coupons
|
|
Section 805New interest coupons and annuity coupons
|
|
Section 806Reregistration under name
|
|
Section 807Bearer tickets and stamps
|
|
Section 808Registered securities with bearer clause
|
Title 25
Presentation of things
|
|
Section 809Inspection of a thing
|
|
Section 810Right to inspect documents
|
|
Section 811Place of presentation, risk and costs
|
Title 26
Unjust enrichment
|
|
Section 812Claim for restitution
|
|
Section 813Performance notwithstanding defence
|
|
Section 814Knowledge that debt is not owed
|
|
Section 815Non-occurrence of result
|
|
Section 816Disposition by an unauthorised person
|
|
Section 817Breach of law or public policy
|
|
Section 818Scope of the claim to enrichment
|
|
Section 819Increased liability in case of knowledge and breaches of law or public policy
|
|
Section 820Increased liability where the result is uncertain
|
|
Section 821Enrichment defence
|
|
Section 822Restitution duty of third parties
|
Title 27
Torts
|
|
Section 823Liability in damages
|
|
Section 824Endangering credit
|
|
Section 825Inducing others to sexual acts
|
|
Section 826Intentional damage contrary to public policy
|
|
Section 827Exclusion and reduction of responsibility
|
|
Section 828Minors
|
|
Section 829Liability in damages for reasons of equity
|
|
Section 830Joint tortfeasors and persons involved
|
|
Section 831Liability for vicarious agents
|
|
Section 832Liability of a person with a duty of supervision
|
|
Section 833Liability of animal keeper
|
|
Section 834Liability of animal minder
|
|
Section 835(repealed)
|
|
Section 836Liability of the owner of a plot of land
|
|
Section 837Liability of building possessor
|
|
Section 838Liability of the person with a duty of maintenance of a building
|
|
Section 839Liability in case of breach of official duty
|
|
Section 839aLiability of court-appointed expert
|
|
Section 840Liability of more than one person
|
|
Section 841Compensation for liability of a public official
|
|
Section 842Extent of liability in damages when a person is injured
|
|
Section 843Annuity in money or lump sum settlement
|
|
Section 844Third-party compensation claims in the case of death
|
|
Section 845Compensation claims for lost services
|
|
Section 846Contributory negligence of the injured person
|
|
Section 847(repealed)
|
|
Section 848Liability for chance in connection with deprivation of a thing
|
|
Section 849Interest on the compensation sum
|
|
Section 850Reimbursement of outlays
|
|
Section 851Compensation payment to unauthorised parties
|
|
Section 852Claim for restitution after end of limitation period
|
|
Section 853Defence of bad faith
|
Book 3
Law of Property
|
Division 1
Possession
|
|
Section 854Acquisition of possession
|
|
Section 855Agent in possession
|
|
Section 856Ending of possession
|
|
Section 857Inheritability
|
|
Section 858Unlawful interference with possession
|
|
Section 859Self-help by the possessor
|
|
Section 860Self-help by the agent in possession
|
|
Section 861Claim on account of deprivation of possession
|
|
Section 862Claim on account of interference with possession
|
|
Section 863Objections of the remover or disturber
|
|
Section 864Extinction of claims to possession
|
|
Section 865Part possession
|
|
Section 866Co-possession
|
|
Section 867Right of pursuit of the possessor
|
|
Section 868Indirect possession
|
|
Section 869Claims of the indirect possessor
|
|
Section 870Transfer of indirect possession
|
|
Section 871Multilevel indirect possession
|
|
Section 872Proprietary possession
|
Division 2
General provisions on rights in land
|
|
Section 873Acquisition by agreement and registration
|
|
Section 874Reference to approval of registration
|
|
Section 875Cancellation of a right
|
|
Section 876Cancellation of an encumbered right
|
|
Section 877Alterations of rights
|
|
Section 878Subsequent restrictions on disposition
|
|
Section 879Order of priority of more than one right
|
|
Section 880Change of priority
|
|
Section 881Reservation of priority
|
|
Section 882Maximum amount of compensation for lost value
|
|
Section 883Requirements and effect of priority notice
|
|
Section 884Effect in relation to heirs
|
|
Section 885Requirement for the registration of the priority notice
|
|
Section 886Claim for removal
|
|
Section 887Public notice of the priority notice claimant
|
|
Section 888Claim to approval of the person entitled to the priority notice
|
|
Section 889Exclusion of merger for real rights
|
|
Section 890Union of plots of land; addition
|
|
Section 891Statutory presumption
|
|
Section 892Presumption of the accuracy of the contents of the Land Register
|
|
Section 893Legal transaction with the person registered
|
|
Section 894Correction of the Land Register
|
|
Section 895Prior registration of the person obliged
|
|
Section 896Submission of certificate
|
|
Section 897Costs of correction
|
|
Section 898Claims to correction not subject to the statute of limitations
|
|
Section 899Registration of an objection
|
|
Section 899aProvisos for civil-law partnerships
|
|
Section 900Acquisition by prescription following registration
|
|
Section 901Extinction of unregistered rights
|
|
Section 902Registered rights not subject to the statute of limitations
|
Division 3
Ownership
|
Title 1
Subject matter of ownership
|
|
Section 903Powers of the owner
|
|
Section 904Necessity
|
|
Section 905Restriction of ownership
|
|
Section 906Introduction of imponderable substances
|
|
Section 907Facilities threatening danger
|
|
Section 908Imminent collapse of building
|
|
Section 909Excavation
|
|
Section 910Overhang
|
|
Section 911Falling fruit
|
|
Section 912Encroachment; duty to tolerate
|
|
Section 913Payment of periodical payments for encroachment
|
|
Section 914Priority, registration and extinction of periodical payments
|
|
Section 915Purchase
|
|
Section 916Adverse effect on heritable building right or servitude
|
|
Section 917Right of way of necessity
|
|
Section 918Exclusion of the right of way of necessity
|
|
Section 919Boundary marking
|
|
Section 920Confusion of boundaries
|
|
Section 921Joint use of boundary installations
|
|
Section 922Manner of use and maintenance
|
|
Section 923Boundary tree
|
|
Section 924Neighbour-law claims not subject to the statute of limitations
|
Title 2
Acquisition and loss of ownership of plots of land
|
|
Section 925Declaration of conveyance
|
|
Section 925aDocument of land transaction
|
|
Section 926Accessories of the plot of land
|
|
Section 927Public notice procedure
|
|
Section 928Relinquishment of ownership, appropriation by fiscal authority
|
Subtitle 1
Transfer
|
|
Section 929Agreement and delivery
|
|
Section 929aAgreement with regard to unregistered ship
|
|
Section 930Constructive delivery
|
|
Section 931Assignment of claim for possession
|
|
Section 932Good faith acquisition from a person not entitled
|
|
Section 932aGood faith acquisition of unregistered ships
|
|
Section 933Good faith acquisition on constructive delivery
|
|
Section 934Good faith acquisition on assignment of claim for possession
|
|
Section 935No good faith acquisition of lost property
|
|
Section 936Extinction of third party rights
|
Subtitle 2
Acquisition by prescription
|
|
Section 937Requirements, exclusion in the case of knowledge
|
|
Section 938Presumption of proprietary possession
|
|
Section 939Suspension of prescription
|
|
Section 940Interruption by loss of possession
|
|
Section 941Interruption by act of execution
|
|
Section 942Effect of interruption
|
|
Section 943Acquisition by prescription and succession in title
|
|
Section 944Possessor of an inheritance
|
|
Section 945Extinction of third party rights
|
Subtitle 3
Combination, intermixture, processing
|
|
Section 946Combination with a plot of land
|
|
Section 947Combination with movable things
|
|
Section 948Intermixture
|
|
Section 949Extinction of third party rights
|
|
Section 950Processing
|
|
Section 951Compensation for loss of rights
|
|
Section 952Ownership of documents of debt
|
Subtitle 4
Acquisition of products and other components of a thing
|
|
Section 953Ownership of separated products and components
|
|
Section 954Acquisition by person with real right
|
|
Section 955Acquisition by proprietary possessor in good faith
|
|
Section 956Acquisition by person entitled in personam
|
|
Section 957Permission by the person not entitled
|
Subtitle 5
Appropriation
|
|
Section 958Acquisition of ownership of ownerless movable things
|
|
Section 959Abandonment of ownership
|
|
Section 960Wild animals
|
|
Section 961Loss of ownership of bee swarms
|
|
Section 962Right of pursuit of the owner
|
|
Section 963Merging of bee swarms
|
|
Section 964Intermixture of bee swarms
|
Subtitle 6
Finding
|
|
Section 965Duty of the finder to notify
|
|
Section 966Duty of safekeeping
|
|
Section 967Duty to deliver
|
|
Section 968Extent of liability
|
|
Section 969Return to the loser
|
|
Section 970Reimbursement of expenses
|
|
Section 971Finder’s reward
|
|
Section 972Right of retention of the finder
|
|
Section 973Acquisition of ownership by the finder
|
|
Section 974Acquisition of ownership after concealment
|
|
Section 975Rights of the finder after delivery
|
|
Section 976Acquisition of ownership by the municipality
|
|
Section 977Claim in enrichment
|
|
Section 978Finding in public authority or transport agency
|
|
Section 979Sale; authorisation to issue an ordinance
|
|
Section 980Public notice of the finding
|
|
Section 981Receipt of the proceeds of auction
|
|
Section 982Provisions for implementation
|
|
Section 983Undeliverable things in the possession of authorities
|
|
Section 984Treasure trove
|
Title 4
Claims arising from ownership
|
|
Section 985Claim for restitution
|
|
Section 986Objections of the possessor
|
|
Section 987Emoluments after litigation is pending
|
|
Section 988Emoluments of the possessor who makes no payment
|
|
Section 989Damages after litigation is pending
|
|
Section 990Liability of possessor with knowledge
|
|
Section 991Liability of intermediary possessor in the case of indirect possession
|
|
Section 992Liability of the wrongful possessor
|
|
Section 993Liability of the possessor in good faith
|
|
Section 994Necessary outlays
|
|
Section 995Charges
|
|
Section 996Useful outlays
|
|
Section 997Right of removal
|
|
Section 998Farming costs for agricultural plot of land
|
|
Section 999Reimbursement of outlays of predecessor in title
|
|
Section 1000Right of retention of the possessor
|
|
Section 1001Action for reimbursement of outlays
|
|
Section 1002Extinction of the claim for outlays
|
|
Section 1003Right to satisfaction of the possessor
|
|
Section 1004Claim for removal and injunction
|
|
Section 1005Right of pursuit
|
|
Section 1006Presumption of ownership for possessor
|
|
Section 1007Claims of the former possessor, exclusion in the case of knowledge
|
Title 5
Co-ownership
|
|
Section 1008Co-ownership by fractional shares
|
|
Section 1009Encumbrance in favour of a co-owner
|
|
Section 1010Successor in interest of a co-owner
|
|
Section 1011Claims arising from co-ownership
|
|
Sections 1012 - 1017(repealed)
|
Division 4
Servitudes
|
Title 1
Easements
|
|
Section 1018Statutory definition of easement
|
|
Section 1019Benefit of the dominant plot of land
|
|
Section 1020Considerate use
|
|
Section 1021Agreed duty of maintenance
|
|
Section 1022Installations on building structures
|
|
Section 1023Moving the use
|
|
Section 1024Coincidence of more than one right of use
|
|
Section 1025Division of the dominant plot of land
|
|
Section 1026Division of the servient plot of land
|
|
Section 1027Interference with easement
|
|
Section 1028Limitation
|
|
Section 1029Protection of possession of the lawful possessor
|
Title 2
Usufruct
|
Subtitle 1
Usufruct in things
|
|
Section 1030Statutory definition of usufruct in things
|
|
Section 1031Application to accessories
|
|
Section 1032Creation of usufruct in movable things
|
|
Section 1033Acquisition by prescription
|
|
Section 1034Determination of the condition
|
|
Section 1035Usufruct in aggregate of things; itemised list
|
|
Section 1036Right of possession; exercise of usufruct
|
|
Section 1037Transformation
|
|
Section 1038Economic plan for forests and mines
|
|
Section 1039Excessive taking of fruits
|
|
Section 1040Treasure
|
|
Section 1041Maintenance of the thing
|
|
Section 1042Duty of notification by the usufructuary
|
|
Section 1043Repair or renovation
|
|
Section 1044Toleration of repairs
|
|
Section 1045Obligation of the usufructuary to insure
|
|
Section 1046Usufruct in an insurance claim
|
|
Section 1047Bearing of charges
|
|
Section 1048Usufruct in plot of land with stock
|
|
Section 1049Reimbursement of outlays
|
|
Section 1050Wear and tear
|
|
Section 1051Provision of security
|
|
Section 1052Judicial management in the absence of security
|
|
Section 1053Application for a prohibitory injunction in the case of unauthorised use
|
|
Section 1054Judicial administration on the basis of breach of duty
|
|
Section 1055Duty of return of the usufructuary
|
|
Section 1056Leases and usufructuary leases at the end of the usufruct
|
|
Section 1057Limitation of compensation claims
|
|
Section 1058Grantor as owner
|
|
Section 1059Non-transferability; permission of exercise
|
|
Section 1059aTransferability in the case of legal person or partnership having legal personality
|
|
Section 1059bNon-distrainability
|
|
Section 1059cPassing or transfer of usufruct
|
|
Section 1059dLeases and usufructuary leases on the transfer of the usufruct
|
|
Section 1059eClaim to grant of the usufruct
|
|
Section 1060Coincidence of more than one right of use
|
|
Section 1061Death of the usufructuary
|
|
Section 1062Extension of termination to accessories
|
|
Section 1063Coincidence with ownership
|
|
Section 1064Termination of usufruct in movable things
|
|
Section 1065Adverse effect on right of usufruct
|
|
Section 1066Usufruct in the share of a co-owner
|
|
Section 1067Usufruct in consumable things
|
Subtitle 2
Usufruct in rights
|
|
Section 1068Statutory definition of usufruct in rights
|
|
Section 1069Creation
|
|
Section 1070Usufruct in a right to performance
|
|
Section 1071Termination or alteration of the encumbered right
|
|
Section 1072Termination of usufruct
|
|
Section 1073Usufruct in a life annuity
|
|
Section 1074Usufruct in a claim; notice and collection
|
|
Section 1075Effect of performance
|
|
Section 1076Usufruct in claim bearing interest
|
|
Section 1077Notice and payment
|
|
Section 1078Cooperation in collection
|
|
Section 1079Investment of the capital
|
|
Section 1080Usufruct in a land charge or annuity land charge
|
|
Section 1081Usufruct in bearer instruments or instruments made out to order
|
|
Section 1082Deposit
|
|
Section 1083Cooperation in collection
|
|
Section 1084Consumable things
|
Subtitle 3
Usufruct in property
|
|
Section 1085Creation of usufruct in property
|
|
Section 1086Rights of the creditors of the grantor
|
|
Section 1087Relationship between usufructuary and grantor
|
|
Section 1088Liability of the usufructuary
|
|
Section 1089Usufruct in an inheritance
|
Title 3
Restricted personal easements
|
|
Section 1090Statutory definition of the restricted personal easement
|
|
Section 1091Scope
|
|
Section 1092Non-transferability; permission of exercise
|
|
Section 1093Right of residence
|
Division 5
Right of preemption
|
|
Section 1094Statutory contents of the real right of preemption
|
|
Section 1095Encumbrance of a fraction
|
|
Section 1096Application to accessories
|
|
Section 1097Creation for one or more cases of sale
|
|
Section 1098Effect of a right of preemption
|
|
Section 1099Notifications
|
|
Section 1100Rights of the purchaser
|
|
Section 1101Release of the person entitled
|
|
Section 1102Release of the purchaser
|
|
Section 1103Real and personal right of preemption
|
|
Section 1104Exclusion of unknown entitled persons
|
Division 6
Charges on land
|
|
Section 1105Statutory contents of the charge on land
|
|
Section 1106Encumbrance of a fraction
|
|
Section 1107Individual payments
|
|
Section 1108Personal liability of the owner
|
|
Section 1109Division of the dominant plot of land
|
|
Section 1110Real charge on land
|
|
Section 1111Personal charge on land
|
|
Section 1112Exclusion of unknown entitled persons
|
Division 7
Mortgage, land charge, annuity land charge
|
Title 1
Mortgage
|
|
Section 1113Statutory contents of the mortgage
|
|
Section 1114Encumbrance of a fraction
|
|
Section 1115Registration of the mortgage
|
|
Section 1116Certificated and uncertificated mortgage
|
|
Section 1117Acquisition of the certificated mortgage
|
|
Section 1118Liability for incidental claims
|
|
Section 1119Extension of liability for interest
|
|
Section 1120Extension to products, parts and accessories
|
|
Section 1121Release from liability through disposal and removal
|
|
Section 1122Release from liability without disposal
|
|
Section 1123Extension to claim for rent or for usufructuary rent
|
|
Section 1124Advance disposition of the rent or usufructuary rent
|
|
Section 1125Set-off against rent or usufructuary rent
|
|
Section 1126Extension to recurring acts of performance
|
|
Section 1127Extension to insurance claim
|
|
Section 1128Insurance on buildings
|
|
Section 1129Other insurance against damage
|
|
Section 1130Replacement clause
|
|
Section 1131Addition of a plot of land
|
|
Section 1132Blanket mortgage
|
|
Section 1133Danger to the security of the mortgage
|
|
Section 1134Application for an injunction
|
|
Section 1135Deterioration of accessories
|
|
Section 1136Restraint on disposition by legal transaction
|
|
Section 1137Defences of the owner
|
|
Section 1138Presumption of the accuracy of the contents of the Land Register
|
|
Section 1139Objection with regard to an uncertificated mortgage for a loan
|
|
Section 1140Mortgage certificate and inaccuracy of the Land Register
|
|
Section 1141Notice of termination of the mortgage
|
|
Section 1142Owner’s right of satisfaction
|
|
Section 1143Passing of claim
|
|
Section 1144Delivery of documents
|
|
Section 1145Partial satisfaction
|
|
Section 1146Default interest
|
|
Section 1147Satisfaction by execution
|
|
Section 1148Fiction of ownership
|
|
Section 1149Prohibited agreements on satisfaction
|
|
Section 1150Right of redemption of third parties
|
|
Section 1151Change of priority for partial mortgages
|
|
Section 1152Partial mortgage certificate
|
|
Section 1153Transfer of mortgage and claim
|
|
Section 1154Assignment of the claim
|
|
Section 1155Presumption of the accuracy of certified declarations of assignment
|
|
Section 1156Legal relationship between the owner and the new creditor
|
|
Section 1157Continuation of defences to the mortgage
|
|
Section 1158Future supplementary payments
|
|
Section 1159Arrears of supplementary payments
|
|
Section 1160Enforcement of a certificated mortgage
|
|
Section 1161Enforcement of the claim
|
|
Section 1162Public notice with regard to the mortgage certificate
|
|
Section 1163Owner mortgage
|
|
Section 1164Passing of the mortgage to the debtor
|
|
Section 1165Discharge of the debtor
|
|
Section 1166Notification of the debtor
|
|
Section 1167Delivery of correction documents
|
|
Section 1168Waiver of the mortgage
|
|
Section 1169Defence with a negative effect on a right
|
|
Section 1170Exclusion of unknown creditors
|
|
Section 1171Exclusion by deposit
|
|
Section 1172Owner blanket mortgage
|
|
Section 1173Satisfaction by one of the owners
|
|
Section 1174Satisfaction by the personal debtor
|
|
Section 1175Waiver of the blanket mortgage
|
|
Section 1176Owner partial mortgage ; conflict clause
|
|
Section 1177Owner land charge, owner mortgage
|
|
Section 1178Mortgage for supplementary payments and costs
|
|
Section 1179Priority notice of right to deletion
|
|
Section 1179aClaim for deletion in the case of third party rights
|
|
Section 1179bClaim for deletion based on one’s own right
|
|
Section 1180Substitution for the claim
|
|
Section 1181Extinction by satisfaction from the plot of land
|
|
Section 1182Transfer in the case of satisfaction from the blanket mortgage
|
|
Section 1183Cancellation of the mortgage
|
|
Section 1184Debt-securing mortgage
|
|
Section 1185Uncertificated mortgage; inapplicable provisions
|
|
Section 1186Permitted conversions
|
|
Section 1187Debt-securing mortgage for bearer instruments and instruments made out to order
|
|
Section 1188Special provision for bearer bonds
|
|
Section 1189Appointment of a Land Register representative
|
|
Section 1190Maximum amount mortgage
|
Title 2
Land charge, annuity land charge
|
Subtitle 1
Land charge
|
|
Section 1191Statutory contents of the land charge
|
|
Section 1192Applicable provisions
|
|
Section 1193Termination
|
|
Section 1194Place of payment
|
|
Section 1195Bearer land charge
|
|
Section 1196Owner land charge
|
|
Section 1197Deviations from third party land charge
|
|
Section 1198Permitted conversions
|
Subtitle 2
Annuity land charge
|
|
Section 1199Statutory contents of the annuity land charge
|
|
Section 1200Applicable provisions
|
|
Section 1201Right of redemption
|
|
Section 1202Termination
|
|
Section 1203Permitted conversions
|
Division 8
Pledge of movable things and over rights
|
Title 1
Pledge of movable things
|
|
Section 1204Statutory contents of the pledge of movable things
|
|
Section 1205Creation
|
|
Section 1206Replacement of delivery by granting joint possession
|
|
Section 1207Pledging by an unauthorised person
|
|
Section 1208Acquisition of priority of rank in good faith
|
|
Section 1209Priority of the pledge
|
|
Section 1210Extent of liability of the pledge
|
|
Section 1211Defences of the pledgor
|
|
Section 1212Extension to separated products
|
|
Section 1213Pledge of emoluments
|
|
Section 1214Duties of the pledgee entitled to emoluments
|
|
Section 1215Duty of safekeeping
|
|
Section 1216Reimbursement of outlays
|
|
Section 1217Violation of rights by the pledgee
|
|
Section 1218Rights of the pledgor in the case of imminent spoilage
|
|
Section 1219Rights of the pledgee in the case of imminent spoilage
|
|
Section 1220Warning of auction
|
|
Section 1221Sale by private agreement
|
|
Section 1222Pledge of more than one thing
|
|
Section 1223Duty to return the pledged item; right to redeem the pledged item
|
|
Section 1224Satisfaction by deposit or set-off
|
|
Section 1225Passing of claim to the pledgor
|
|
Section 1226Limitation of compensation claims
|
|
Section 1227Protection of the pledge
|
|
Section 1228Satisfaction by sale of the pledged item
|
|
Section 1229Prohibition of a forfeiture agreement
|
|
Section 1230Selection of pledged item from more than one pledged item
|
|
Section 1231Surrender of pledged item for sale
|
|
Section 1232Lower-ranking pledgees
|
|
Section 1233Execution of the sale
|
|
Section 1234Warning of sale; waiting period
|
|
Section 1235Public auction
|
|
Section 1236Place of auction
|
|
Section 1237Public notice
|
|
Section 1238Conditions of sale
|
|
Section 1239Bidding by creditor and owner
|
|
Section 1240Things made of gold or silver
|
|
Section 1241Notification of the owner
|
|
Section 1242Effects of the legal sale
|
|
Section 1243Unlawful sale
|
|
Section 1244Acquisition in good faith
|
|
Section 1245Deviating agreements
|
|
Section 1246Deviation for reasons of equity
|
|
Section 1247Proceeds of the pledged item
|
|
Section 1248Presumption of ownership
|
|
Section 1249Right of redemption
|
|
Section 1250Transfer of claim
|
|
Section 1251Effect of the passing of the pledge
|
|
Section 1252Extinction with the claim
|
|
Section 1253Extinction by return
|
|
Section 1254Claim for return
|
|
Section 1255Cancellation of the pledge
|
|
Section 1256Coincidence of pledge and ownership
|
|
Section 1257Pledge by operation of law
|
|
Section 1258Pledge of the share of a co-owner
|
|
Section 1259Realisation of a commercial pledged item
|
|
Sections 1260 - 1272(repealed)
|
Title 2
Pledge of rights
|
|
Section 1273Statutory contents of the pledge of rights
|
|
Section 1274Creation
|
|
Section 1275Pledge of right to performance
|
|
Section 1276Cancellation or alteration of the pledged right
|
|
Section 1277Satisfaction by execution
|
|
Section 1278Extinction by return
|
|
Section 1279Pledge of a claim
|
|
Section 1280Notification of the debtor
|
|
Section 1281Performance before the due date
|
|
Section 1282Performance after the due date
|
|
Section 1283Termination
|
|
Section 1284Deviating agreements
|
|
Section 1285Cooperation in collection
|
|
Section 1286Duty of termination in the case of danger
|
|
Section 1287Effect of performance
|
|
Section 1288Investment of collected money
|
|
Section 1289Extension to the interest
|
|
Section 1290Collection in the case of multiple pledges
|
|
Section 1291Pledge of land charge or annuity land charge
|
|
Section 1292Pledging of instruments made out to order
|
|
Section 1293Pledge of bearer instruments
|
|
Section 1294Collection and notice of termination
|
|
Section 1295Private sale of instruments made out to order
|
|
Section 1296Extension to interest coupons
|
Book 4
Family Law
|
Division 1
Civil marriage
|
Title 1
Engagement
|
|
Section 1297Non-actionability, nullity of a promise to pay a penalty
|
|
Section 1298Duty of compensation in the case of revocation
|
|
Section 1299Revocation by reason of fault of the other party
|
|
Section 1300(repealed)
|
|
Section 1301Return of the presents
|
|
Section 1302Limitation
|
Title 2
Entering into marriage
|
Subtitle 1
Capacity to marry
|
|
Section 1303Marriageable age
|
|
Section 1304Incapacity to contract
|
|
Section 1305(repealed)
|
Subtitle 2
Impediments to marriage
|
|
Section 1306Existing marriage or civil partnership
|
|
Section 1307Relationship by blood
|
|
Section 1308Adoption
|
Subtitle 3
Certificate of no impediment
|
|
Section 1309Certificate of no impediment for foreigners
|
Subtitle 4
Marriage
|
|
Section 1310Jurisdiction of the registrar of births, deaths and marriages, curing defective marriages
|
|
Section 1311Personal declaration
|
|
Section 1312Marriage ceremony
|
Title 3
Annulment of marriage
|
|
Section 1313Annulment by judicial decision
|
|
Section 1314Grounds of annulment
|
|
Section 1315Exclusion of annulment
|
|
Section 1316Entitlement to petition
|
|
Section 1317Period for filing petition
|
|
Section 1318Consequences of annulment
|
Title 4
Remarriage after declaration of death
|
|
Section 1319Annulment of the previous marriage
|
|
Section 1320Annulment of the new marriage
|
|
Sections 1321 - 1352(repealed)
|
Title 5
Effects of marriage in general
|
|
Section 1353Conjugal community
|
|
Section 1354(repealed)
|
|
Section 1355Family name
|
|
Section 1356Household management, gainful employment
|
|
Section 1357Transactions to provide the necessities of life
|
|
Section 1358(repealed)
|
|
Section 1359Scope of duty of care
|
|
Section 1360Duty of family maintenance
|
|
Section 1360aScope of the obligation to maintain
|
|
Section 1360bOverpayment
|
|
Section 1361Maintenance when spouses are living apart
|
|
Section 1361aAllocation of household effects when spouses are living apart
|
|
Section 1361bMatrimonial home when spouses are living apart
|
|
Section 1362Presumption of ownership
|
Title 6
Matrimonial property regime
|
Subtitle 1
Statutory property regime
|
|
Section 1363Community of accrued gains
|
|
Section 1364Management of property
|
|
Section 1365Disposition of property as a whole
|
|
Section 1366Ratification of contracts
|
|
Section 1367Unilateral legal transactions
|
|
Section 1368Asserting the ineffectiveness
|
|
Section 1369Dispositions of household objects
|
|
Section 1370(repealed)
|
|
Section 1371Equalisation of accrued gains in the case of death
|
|
Section 1372Equalisation of accrued gains in other cases
|
|
Section 1373Accrued gains
|
|
Section 1374Initial assets
|
|
Section 1375Final assets
|
|
Section 1376Ascertainment of the value of the initial and final assets
|
|
Section 1377List of initial assets
|
|
Section 1378Equalisation claim
|
|
Section 1379Duty of information
|
|
Section 1380Set-off of advancements
|
|
Section 1381Refusal of satisfaction for gross inequity
|
|
Section 1382Deferment
|
|
Section 1383Transfer of assets
|
|
Section 1384Date of calculation of the accrued gains and amount of the equalisation claim in the case of divorce
|
|
Section 1385Premature equalisation of accrued gains of the spouse entitled to an equalisation claim in case of premature cancellation of the community of accrued gains
|
|
Section 1386Premature suspension of the community of accrued gains
|
|
Section 1387Date of calculation of the accrued gains and amount of the equalisation claim in the case of premature equalisation or premature suspension
|
|
Section 1388Occurrence of separation of property
|
|
Section 1389(repealed)
|
|
Section 1390Claims against third parties of the person entitled to equalisation
|
|
Sections 1391 - 1407(repealed)
|
Subtitle 2
Contractual property regime
|
Chapter 1
General provisions
|
|
Section 1408Marriage contract, freedom of contract
|
|
Section 1409Restriction of freedom of contract
|
|
Section 1410Form
|
|
Section 1411Marriage contracts of persons with restricted capacity to contract or incapable of contracting
|
|
Section 1412Effect in relation to third parties
|
|
Section 1413Revocation of permission to manage assets
|
Chapter 2
Separation of property
|
|
Section 1414Commencement of separation of property
|
Chapter 3
Community of property
|
Subchapter 1
General provisions
|
|
Section 1415Agreement by marriage contract
|
|
Section 1416Marital property
|
|
Section 1417Separate property
|
|
Section 1418Reserved property
|
|
Section 1419Joint ownership
|
|
Section 1420Use for maintenance
|
|
Section 1421Management of the marital property
|
Subchapter 2
Management of the marital property by the husband or the wife
|
|
Section 1422Subject matter of right of management
|
|
Section 1423Disposition of the marital property as a whole
|
|
Section 1424Disposition of plots of land, ships or ships under construction
|
|
Section 1425Donations
|
|
Section 1426Substitution of the approval of the other spouse
|
|
Section 1427Legal consequences of lack of consent
|
|
Section 1428Dispositions without approval
|
|
Section 1429Emergency right of management
|
|
Section 1430Substitution of the approval of the managing spouse
|
|
Section 1431Independent trade or business
|
|
Section 1432Acceptance of an inheritance; refusal of offer to enter into contract or of donation
|
|
Section 1433Continuation of a legal dispute
|
|
Section 1434Unjust enrichment of the marital property
|
|
Section 1435Duties of the managing spouse
|
|
Section 1436Managing spouse under guardianship or custodianship
|
|
Section 1437Obligations of the marital property; personal liability
|
|
Section 1438Liability of the marital property
|
|
Section 1439No liability on acquisition of an inheritance
|
|
Section 1440Liability for reserved or separate property
|
|
Section 1441Liability as between the spouses
|
|
Section 1442Obligations of the separate property and of a trade or business
|
|
Section 1443Costs of litigation
|
|
Section 1444Costs of the advancement of a child
|
|
Section 1445Equalisation between reserved property, separate property and marital property
|
|
Section 1446Due date of the equalisation claim
|
|
Section 1447Action of the non-managing spouse for termination
|
|
Section 1448Action of the managing spouse for termination
|
|
Section 1449Effect of the judicial termination decision
|
|
Section 1450Joint management by the spouses
|
|
Section 1451Duty of both spouses to cooperate
|
|
Section 1452Substitution of approval
|
|
Section 1453Disposition without consent
|
|
Section 1454Emergency right of management
|
|
Section 1455Acts of management without the cooperation of the other spouse
|
|
Section 1456Independent trade or business
|
|
Section 1457Unjust enrichment of the marital property
|
|
Section 1458Guardianship of a spouse
|
|
Section 1459Obligations of the marital property; personal liability
|
|
Section 1460Liability of the marital property
|
|
Section 1461No liability on acquisition of an inheritance
|
|
Section 1462Liability for reserved or separate property
|
|
Section 1463Liability as between the spouses
|
|
Section 1464Obligations of the separate property and of a trade or business
|
|
Section 1465Costs of litigation
|
|
Section 1466Costs of the advancement of a child that is not a child of the spouses
|
|
Section 1467Equalisation between reserved property, separate property and marital property
|
|
Section 1468Due date of the equalisation claim
|
|
Section 1469Action for termination
|
|
Section 1470Effect of the judicial termination decision
|
Subchapter 4
Partitioning of the marital property
|
|
Section 1471Beginning of the partitioning
|
|
Section 1472Joint management of the marital property
|
|
Section 1473Direct substitution
|
|
Section 1474Implementation of the partitioning
|
|
Section 1475Discharge of the marital property obligations
|
|
Section 1476Division of the surplus
|
|
Section 1477Implementation of the division
|
|
Section 1478Partitioning after divorce
|
|
Section 1479Partitioning after judicial termination decision
|
|
Section 1480Liability to third parties after the division
|
|
Section 1481Liability of the spouses to each other
|
|
Section 1482Dissolution of marriage by death
|
Subchapter 5
Continued community of property
|
|
Section 1483Occurrence of continued community of property
|
|
Section 1484Refusal of continued community of property
|
|
Section 1485Marital property
|
|
Section 1486Reserved property; separate property
|
|
Section 1487Legal position of the spouse and the descendants
|
|
Section 1488Marital property obligations
|
|
Section 1489Personal liability for the marital property obligations
|
|
Section 1490Death of a descendant
|
|
Section 1491Waiver by a descendant
|
|
Section 1492Termination by the surviving spouse
|
|
Section 1493Remarriage or establishment of a civil partnership by the surviving spouse
|
|
Section 1494Death of the surviving spouse
|
|
Section 1495Action of a descendant for termination
|
|
Section 1496Effect of the judicial termination decision
|
|
Section 1497Legal relationship until partitioning
|
|
Section 1498Implementation of the partitioning
|
|
Section 1499Obligations borne by the surviving spouse
|
|
Section 1500Obligations borne by the descendants
|
|
Section 1501Set-off of lump sum payments
|
|
Section 1502Right of surviving spouse to take over property
|
|
Section 1503Division among the descendants
|
|
Section 1504Adjustment of liability between descendants
|
|
Section 1505Supplementation of the share of a descendant
|
|
Section 1506Unworthiness to receive a share
|
|
Section 1507Certificate on continuation of the community of property
|
|
Section 1508(repealed)
|
|
Section 1509Exclusion of the continued community of property by testamentary disposition
|
|
Section 1510Effect of exclusion
|
|
Section 1511Exclusion of a descendant
|
|
Section 1512Reduction of the share
|
|
Section 1513Deprivation of the share
|
|
Section 1514Disposition of the amount withheld
|
|
Section 1515Right of a descendant and of the spouse to take over property
|
|
Section 1516Approval of the other spouse
|
|
Section 1517Waiver of his share by a descendant
|
|
Section 1518Mandatory law
|
Chapter 4
Optional Regime of theCommunity of Accrued Gains
|
|
Section 1519 Agreement by marriage contract
|
|
Section 1520 to 1557(repealed)
|
Subtitle 3
Marriage property register
|
|
Section 1558Competent registration court
|
|
Section 1559Change of habitual residence
|
|
Section 1560Application for entry
|
|
Section 1561Requirements for application
|
|
Section 1562Public notice
|
|
Section 1563Inspection of the register
|
Title 7
Divorce
|
Subtitle 1
Grounds of divorce
|
|
Section 1564Divorce by judicial decision
|
|
Section 1565Breakdown of marriage
|
|
Section 1566Presumption of breakdown
|
|
Section 1567Living apart
|
|
Section 1568Hardship clause
|
Subtitle 1a
Treatment of the marital home and of the household objects on the occasion of divorce
|
|
Section 1568aMatrimonial home
|
|
Section 1568b Household objects
|
Subtitle 2
Maintenance of the divorced spouse
|
Chapter 1
Principle
|
|
Section 1569Principle of personal responsibility
|
Chapter 2
Entitlement to maintenance
|
|
Section 1570Maintenance to care for a child
|
|
Section 1571Maintenance by reason of old age
|
|
Section 1572Maintenance for illness or infirmity
|
|
Section 1573Maintenance for unemployment and topping-up maintenance
|
|
Section 1574Appropriate gainful employment
|
|
Section 1575Training, further training or retraining
|
|
Section 1576Maintenance for reasons of equity
|
|
Section 1577Indigence
|
|
Section 1578Amount of maintenance
|
|
Section 1578aPresumption of cover in the case of additional expenditure resulting from injury
|
|
Section 1578bReduction and time limitation of maintenance on grounds of inequity
|
|
Section 1579Restriction or refusal of maintenance for gross inequity
|
|
Section 1580Duty of information
|
Chapter 3
Ability to pay and priority
|
|
Section 1581Ability to pay
|
|
Section 1582Priority of the divorced spouse where more than one person is entitled to maintenance
|
|
Section 1583Influence of the matrimonial property regime
|
|
Section 1584Priority of more than one person liable for maintenance
|
Chapter 4
Form of the maintenance claim
|
|
Section 1585Nature of maintenance payment
|
|
Section 1585aProvision of security
|
|
Section 1585bMaintenance for the past
|
|
Section 1585cAgreements on maintenance
|
Chapter 5
End of the maintenance claim
|
|
Section 1586Remarriage, establishment of a civil partnership or death of the person entitled
|
|
Section 1586aRevival of the maintenance claim
|
|
Section 1586bObligation not extinguished on death of the person obliged
|
Subtitle 3
Equalisation of pension rights
|
|
Section 1587Reference to the Pension Equalisation Act [Versorgungsausgleichsgesetz]
|
Title 8
Church duties
|
|
Section 1588(no heading)
|
Division 2
Relationship
|
Title 1
General provisions
|
|
Section 1589Relationship by blood
|
|
Section 1590Relationship by marriage
|
Title 2
Descent
|
|
Section 1591Maternity
|
|
Section 1592Paternity
|
|
Section 1593Paternity in the case of dissolution of the marriage by death
|
|
Section 1594Acknowledgement of paternity
|
|
Section 1595Need for approval of the acknowledgement
|
|
Section 1596Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
|
|
Section 1597Formal requirements; revocation
|
|
Section 1598Ineffectiveness of acknowledgement, approval and revocation
|
|
Section 1598aClaim to consent to a genetic examination to clarify natural parentage
|
|
Section 1599Non-existence of paternity
|
|
Section 1600Persons entitled to contest
|
|
Section 1600aPersonal contestation; contestation in the case of lack of capacity to contract or limited capacity to contract
|
|
Section 1600bContestation periods
|
|
Section 1600cPresumption of paternity in contestation proceedings
|
|
Section 1600dCourt determination of paternity
|
Title 3
Obligation to maintain
|
Subtitle 1
General provisions
|
|
Section 1601Persons with an obligation to maintain
|
|
Section 1602Indigence
|
|
Section 1603Ability to pay
|
|
Section 1604Influence of the matrimonial property regime
|
|
Section 1605Duty of information
|
|
Section 1606Order of priority of more than one person obliged
|
|
Section 1607Substituted liability and statutory passing of claim
|
|
Section 1608Liability of the spouse or civil partner
|
|
Section 1609Priority of more than person entitled to maintenance
|
|
Section 1610Amount of maintenance
|
|
Section 1610aPresumption of cover in the case of additional expenditure resulting from injury
|
|
Section 1611Restriction or end of obligation
|
|
Section 1612Nature of maintenance payment
|
|
Section 1612aMinimum maintenance of minor children
|
|
Section 1612bMeeting cash requirements through child benefit
|
|
Section 1612cSet-off of other child-related payments
|
|
Section 1613Maintenance for the past
|
|
Section 1614Waiver of maintenance claim; advance performance
|
|
Section 1615Extinction of the maintenance claim
|
Subtitle 2
Special provisions for the child and its parents who are not married to each other
|
|
Section 1615aApplicable provisions
|
|
Sections 1615b to 1615k(repealed)
|
|
Section 1615lMaintenance claim of mother and father by reason of the birth
|
|
Section 1615mFuneral costs for the mother
|
|
Section 1615nNo expiry on the death of the father or stillbirth
|
Title 4
Legal relationship between the parents and the child in general
|
|
Section 1616Birth name in the case of parents with family name
|
|
Section 1617Birth name in the case of parents without family name and with joint parental custody
|
|
Section 1617aBirth name in the case of parents without family name and with sole parental custody
|
|
Section 1617bName in the case of subsequent joint parental custody or ostensible paternity
|
|
Section 1617cName in the case of change of name by the parents
|
|
Section 1618Bringing child under family name
|
|
Section 1618aDuty of assistance and respect
|
|
Section 1619Services in house and business
|
|
Section 1620Outlays of the child for the household of its parents
|
|
Sections 1621 - 1623(repealed)
|
|
Section 1624Advancement from the parental assets
|
|
Section 1625Advancement from the assets of the child
|
Title 5
Parental custody
|
|
Section 1626Parental custody, principles
|
|
Section 1626aParental custody of parents who are not married to one another; declarations of parental custody
|
|
Section 1626bSpecial requirements for the effectiveness of the declaration of parental custody
|
|
Section 1626cDeclaring in person; parent with limited capacity to contract
|
|
Section 1626dForm; duty of notification
|
|
Section 1626eIneffectiveness
|
|
Section 1627Exercise of parental custody
|
|
Section 1628Court decision in the case of differences of opinion between the parents
|
|
Section 1629Representation of the child
|
|
Section 1629aRestriction of liability of minors
|
|
Section 1630Parental custody in the case of appointment of a curator or of foster care
|
|
Section 1631Contents and limits of care for the person of the child
|
|
Section 1631aTraining and occupation
|
|
Section 1631bAccommodation associated with deprivation of liberty
|
|
Section 1631cProhibition of sterilisation
|
|
Section 1632Surrender of the child; determination of contact; order that child remains in foster care
|
|
Section 1633Care for the person of the child in the case of a married minor
|
|
Sections 1634 - 1637(repealed)
|
|
Section 1638Restriction of care for the property of the child
|
|
Section 1639Directions of the testator or donor
|
|
Section 1640Inventory of property
|
|
Section 1641Prohibition of donation
|
|
Section 1642Investment of money
|
|
Section 1643Legal transactions subject to approval
|
|
Section 1644Surrender of objects of property to the child
|
|
Section 1645New trade or business
|
|
Section 1646Acquisition with funds of the child
|
|
Section 1647(repealed)
|
|
Section 1648Reimbursement of outlays
|
|
Section 1649Use of the income of the property of the child
|
|
Sections 1650 - 1663(repealed)
|
|
Section 1664Limited liability of the parents
|
|
Section 1665(repealed)
|
|
Section 1666Court measures in the case of endangerment of the best interests of the child
|
|
Section 1666aPrinciple of proportionality; priority of public support measures
|
|
Section 1667Court measures in the case of endangerment of the property of the child
|
|
Sections 1668 - 1670(repealed)
|
|
Section 1671Transfer of sole custody where the parents live apart
|
|
Section 1673Suspension of parental custody in the case of a legal obstacle
|
|
Section 1674Suspension of parental custody in the case of a factual obstacle
|
|
Section 1674a Suspension of the mother’s parental custody for a child delivered by confidential birth
|
|
Section 1675Effect of the suspension
|
|
Section 1676(repealed)
|
|
Section 1677Termination of parental custody by declaration of death
|
|
Section 1678Consequences for the other parent of the actual prevention or of the suspension
|
|
Section 1679(repealed)
|
|
Section 1680Death of a parent or removal of the parental custody
|
|
Section 1681Declaration of death of a parent
|
|
Section 1682Order that the child remains with persons to whom it relates
|
|
Section 1683(repealed)
|
|
Section 1684Contact of the child with its parents
|
|
Section 1685Contact of the child with other persons to whom it relates
|
|
Section 1686Information on the personal circumstances of the child
|
|
Section 1687Exercise of joint parental custody when the parents live apart
|
|
Section 1687aPower to make decision of the parent without parental custody
|
|
Section 1687bParental custody powers of the spouse
|
|
Section 1688Decisions of the foster carer
|
|
Sections 1689 - 1692(repealed)
|
|
Section 1693Court measures where the parents are prevented
|
|
Sections 1694, 1695(repealed)
|
|
Section 1696Amendment of judicial decisions and of court-approved settlements
|
|
Section 1697(repealed)
|
|
Section 1697aPrinciple of best interests of child
|
|
Section 1698Surrender of the property of the child; rendering an account
|
|
Section 1698aContinuation of transactions in ignorance that parental custody has ended
|
|
Section 1698bContinuation of urgent transactions after the death of the child
|
|
Sections 1699 - 1711(repealed)
|
Title 6
Legal advisership
|
|
Section 1712Youth welfare office as legal adviser; tasks
|
|
Section 1713Persons entitled to apply
|
|
Section 1714Occurrence of legal advisership
|
|
Section 1715Termination of legal advisership
|
|
Section 1716Effects of legal advisership
|
|
Section 1717Requirement of habitual residence on domestic territory
|
|
Sections 1718 - 1740(repealed)
|
Title 7
Adoption
|
Subtitle 1
Adoption of minors
|
|
Section 1741Admissibility of the adoption
|
|
Section 1742Adoption only as child of the spouses
|
|
Section 1743Minimum age
|
|
Section 1744Probationary period
|
|
Section 1745Prohibition of adoption
|
|
Section 1746Consent of the child
|
|
Section 1747Consent of the parents of the child
|
|
Section 1748Substitution of the consent of a parent
|
|
Section 1749Consent of the spouse
|
|
Section 1750Declaration of consent
|
|
Section 1751Effect of parental consent, maintenance obligation
|
|
Section 1752Order of the family court, application
|
|
Section 1753Adoption after death
|
|
Section 1754Effect of adoption
|
|
Section 1755Extinction of relationships
|
|
Section 1756Continuation of relationships
|
|
Section 1757Name of the child
|
|
Section 1758Prohibition on disclosure and exploratory questioning
|
|
Section 1759Cancellation of the adoption relationship
|
|
Section 1760Cancellation for lack of declarations
|
|
Section 1761Obstacles to cancellation
|
|
Section 1762Entitlement to apply; period for filing application, form
|
|
Section 1763Cancellation by the court of its own motion
|
|
Section 1764Effect of cancellation
|
|
Section 1765Name of the child after the cancellation
|
|
Section 1766Marriage between adoptive parent and child
|
Subtitle 2
Adoption of persons of full age
|
|
Section 1767Admissibility of adoption, applicable provisions
|
|
Section 1768Application
|
|
Section 1769Prohibition of adoption
|
|
Section 1770Effect of adoption
|
|
Section 1771Cancellation of the adoption relationship
|
|
Section 1772Adoption with the effects of the adoption of a minor
|
Division 3
Guardianship, legal curatorship, custodianship
|
Title 1
Guardianship
|
Subtitle 1
Creation of guardianship
|
|
Section 1773Requirements
|
|
Section 1774Order by the court of its own motion
|
|
Section 1775More than one guardian
|
|
Section 1776Right of the parents to name the guardian
|
|
Section 1777Requirements of the right to name the guardian
|
|
Section 1778Passing over the guardian named
|
|
Section 1779Selection by the family court
|
|
Section 1780Lack of capacity to be a guardian
|
|
Section 1781Unsuitability to be a guardian
|
|
Section 1782Exclusion by the parents
|
|
Section 1783(repealed)
|
|
Section 1784Official or church officer as guardian
|
|
Section 1785Duty to assume guardianship
|
|
Section 1786Right to refuse
|
|
Section 1787Consequences of unjustified refusal
|
|
Section 1788Coercive fine
|
|
Section 1789Appointment by the family court
|
|
Section 1790Appointment subject to a reservation
|
|
Section 1791Certificate of appointment
|
|
Section 1791aGuardianship by association
|
|
Section 1791bOfficial guardianship of the youth welfare office by appointment
|
|
Section 1791cStatutory official guardianship of the youth welfare office
|
|
Section 1792Supervisory guardian
|
Subtitle 2
Conducting of the guardianship
|
|
Section 1793Duties of the guardian, liability of the ward
|
|
Section 1794Restriction as a result of curatorship
|
|
Section 1795Exclusion of power of agency
|
|
Section 1796Revocation of power of agency
|
|
Section 1797More than one guardian
|
|
Section 1798Differences of opinion
|
|
Section 1799Duties and rights of the supervisory guardian
|
|
Section 1800Scope of care for the person
|
|
Section 1801Religious education
|
|
Section 1802Inventory of property
|
|
Section 1803Management of assets in the case of inheritance or donation
|
|
Section 1804Donations made by the guardian
|
|
Section 1805Use for the guardian
|
|
Section 1806Investment of money held in trust for a ward
|
|
Section 1807Nature of investment
|
|
Section 1808(repealed)
|
|
Section 1809Investment with blocking note
|
|
Section 1810Cooperation of supervisory guardian or family court
|
|
Section 1811Other investment
|
|
Section 1812Dispositions of claims and securities
|
|
Section 1813Transactions not requiring approval
|
|
Section 1814Deposit of bearer instruments
|
|
Section 1815Change of registration and conversion of bearer instruments
|
|
Section 1816Blocking of registered claims
|
|
Section 1817Exemption
|
|
Section 1818Order of deposit
|
|
Section 1819Approval in the case of deposit
|
|
Section 1820Approval after change of registration and conversion
|
|
Section 1821Approval of transactions relating to plots of land, ships or ships under construction
|
|
Section 1822Approval for other transactions
|
|
Section 1823Approval where the ward has a trade or business
|
|
Section 1824Approval for the permission for the ward to use objects
|
|
Section 1825General authorisation
|
|
Section 1826Hearing of the supervisory guardian before giving the approval
|
|
Section 1827(repealed)
|
|
Section 1828Pronouncement of approval
|
|
Section 1829Subsequent approval
|
|
Section 1830Right of revocation of the other party
|
|
Section 1831Unilateral legal transaction without approval
|
|
Section 1832Approval of the supervisory guardian
|
|
Section 1833Liability of the guardian
|
|
Section 1834Duty to pay interest
|
|
Section 1835Reimbursement of outlays
|
|
Section 1835aReimbursement for expenses
|
|
Section 1836Payment of the guardian
|
|
Sections 1836a and 1836b(repealed)
|
|
Section 1836cFunds to be provided by the ward
|
|
Section 1836dDestitution of the ward
|
|
Section 1836eStatutory passing of claim
|
Subtitle 3
Care and supervision of the family court
|
|
Section 1837Advice and supervision
|
|
Section 1838(repealed)
|
|
Section 1839Duty of information of the guardian
|
|
Section 1840Report and rendering of account
|
|
Section 1841Contents of the account
|
|
Section 1842Cooperation of the supervisory guardian
|
|
Section 1843Examination by the family court
|
|
Section 1844(repealed)
|
|
Section 1845(repealed)
|
|
Section 1846Interim measures of the family court
|
|
Section 1847Hearing of the relatives
|
|
Section 1848(repealed)
|
Subtitle 4
Cooperation of the youth welfare office
|
|
Sections 1849, 1850(repealed)
|
|
Section 1851Duties of notification
|
Subtitle 5
Exempted guardianship
|
|
Section 1852Exemption by the father
|
|
Section 1853Exemption from deposit and blocking
|
|
Section 1854Exemption from duty to render an account
|
|
Section 1855Exemption by the mother
|
|
Section 1856Requirements of exemption
|
|
Section 1857Cancellation of the exemption by the family court
|
|
Section 1857aExemption of the youth welfare office and the association
|
|
Sections 1858 - 1881(repealed)
|
Subtitle 6
Termination of the guardianship
|
|
Section 1882Cessation of the requirements
|
|
Section 1883(repealed)
|
|
Section 1884Ward missing and declaration of death of the ward
|
|
Section 1885(repealed)
|
|
Section 1886Removal of the sole guardian
|
|
Section 1887Removal of the youth welfare office or association
|
|
Section 1888Removal of officials and church officers
|
|
Section 1889Removal on the application of the guardian himself
|
|
Section 1890Delivery of assets and rendering an account
|
|
Section 1891Cooperation of the supervisory guardian
|
|
Section 1892Examination and approval of the account
|
|
Section 1893Continuation of transactions after the termination of the guardianship, return of certificates
|
|
Section 1894Notification on death of the guardian
|
|
Section 1895Termination of office of the supervisory guardian
|
Title 2
Legal custodianship
|
|
Section 1896Requirements
|
|
Section 1897Appointment of a natural person
|
|
Section 1898Duty to assume custodianship
|
|
Section 1899More than one custodian
|
|
Section 1900Custodianship by association or public authority
|
|
Section 1901Scope of the custodianship, duties of the custodian
|
|
Section 1901aLiving will
|
|
Section 1901bDiscussion to ascertain the patient’s will
|
|
Section 1901cWishes in writing with regard to custodianship, enduring power of attorney
|
|
Section 1902Representation of the person under custodianship
|
|
Section 1903Reservation of consent
|
|
Section 1904Approval of the custodianship court in the case of medical treatment
|
|
Section 1905Sterilisation
|
|
Section 1906Approval of the custodianship court with regard to accommodation
|
|
Section 1907Approval of the custodianship court on abandonment of rented home
|
|
Section 1908Approval of the custodianship court with regard to advancement
|
|
Section 1908aPrecautionary appointment of a custodian and order of reservation of consent for minors
|
|
Section 1908bRemoval of the custodian
|
|
Section 1908cAppointment of a new custodian
|
|
Section 1908dCancellation or alteration of custodianship and reservation of consent
|
|
Section 1908e(repealed)
|
|
Section 1908fRecognition as custodianship association
|
|
Section 1908gPublic authority custodian
|
|
Section 1908h(repealed)
|
|
Section 1908iProvisions applicable with the necessary modifications
|
|
Section 1908k(repealed)
|
Title 3
Curatorship
|
|
Section 1909Supplementary curatorship
|
|
Section 1910(repealed)
|
|
Section 1911Curatorship of absentees
|
|
Section 1912Curatorship for an unborn child
|
|
Section 1913Curatorship for unknown persons involved
|
|
Section 1914Curatorship for collected property
|
|
Section 1915Application of guardianship law
|
|
Section 1916Designation as supplementary curator
|
|
Section 1917Naming of the supplementary curator by testator and third parties
|
|
Section 1918Termination of the curatorship by operation of law
|
|
Section 1919Cancellation of the curatorship on cessation of reason
|
|
Section 1920(repealed)
|
|
Section 1921Cancellation of the curatorship of absentees
|
Book 5
Law of Succession
|
Division 1
Succession
|
|
Section 1922Universal succession
|
|
Section 1923Capacity to inherit
|
|
Section 1924Heirs on intestacy of the first degree
|
|
Section 1925Heirs on intestacy of the second degree
|
|
Section 1926Heirs on intestacy of the third degree
|
|
Section 1927More than one share of the inheritance in the case of multiple relationship
|
|
Section 1928Heirs on intestacy of the fourth degree
|
|
Section 1929More distant degrees
|
|
Section 1930Priority of the degrees
|
|
Section 1931Right of intestate succession of the spouse
|
|
Section 1932Preferential benefit of the spouse
|
|
Section 1933Exclusion of the right of succession of the spouse
|
|
Section 1934Right of succession of spouse who is a relative
|
|
Section 1935Consequences of increase of share of the inheritance
|
|
Section 1936Right of intestate succession of the State
|
|
Section 1937Appointment of heir by testamentary disposition
|
|
Section 1938Disinheritance without appointment of an heir
|
|
Section 1939Legacy
|
|
Section 1940Testamentary burden
|
|
Section 1941Contract of inheritance
|
Division 2
Legal position of the heir
|
Title 1
Acceptance and disclaimer of the inheritance; supervision of the probate court
|
|
Section 1942Devolution and disclaimer of the inheritance
|
|
Section 1943Acceptance and disclaimer of the inheritance
|
|
Section 1944Period for disclaimer
|
|
Section 1945Form of disclaimer
|
|
Section 1946Date for acceptance or disclaimer
|
|
Section 1947Condition and stipulation as to time
|
|
Section 1948More than one ground of entitlement
|
|
Section 1949Mistake as to the ground of entitlement
|
|
Section 1950Partial acceptance; partial disclaimer
|
|
Section 1951More than one share of the inheritance
|
|
Section 1952Inheritability of the right of disclaimer
|
|
Section 1953Effect of disclaimer
|
|
Section 1954Period of avoidance
|
|
Section 1955Form of avoidance
|
|
Section 1956Avoidance of failure to disclaim in good time
|
|
Section 1957Effect of avoidance
|
|
Section 1958Judicial assertion of claims against the heir
|
|
Section 1959Management before the disclaimer
|
|
Section 1960Securing the estate; curator of the estate
|
|
Section 1961Curatorship of the estate on application
|
|
Section 1962Jurisdiction of the probate court
|
|
Section 1963Maintenance for the mother-to-be of an heir
|
|
Section 1964Presumption that the treasury is heir
|
|
Section 1965Public invitation to notify the rights of succession
|
|
Section 1966Legal position of the treasury before determination
|
Title 2
Liability of the heir for the obligations of the estate
|
Subtitle 1
Obligations of the estate
|
|
Section 1967Liability of heir, obligations of the estate
|
|
Section 1968Costs of funeral
|
|
Section 1969Maintenance for thirty days
|
Subtitle 2
Public notice to the creditors of the estate
|
|
Section 1970Notification of the claims
|
|
Section 1971Creditors not affected
|
|
Section 1972Rights not affected
|
|
Section 1973Exclusion of creditors of the estate
|
|
Section 1974Defence of withheld information
|
Subtitle 3
Restriction of the liability of the heir
|
|
Section 1975Administration of estate; estate insolvency
|
|
Section 1976Effect on legal relationships extinguished by merger
|
|
Section 1977Effect on a set-off
|
|
Section 1978Responsibility of the heir for previous administration, reimbursement of expenses
|
|
Section 1979Discharge of obligations of the estate
|
|
Section 1980Application for institution of estate insolvency proceedings
|
|
Section 1981Order of administration of the estate
|
|
Section 1982Refusal to order administration of the estate for insufficiency of assets
|
|
Section 1983Public notice
|
|
Section 1984Effect of the order
|
|
Section 1985Duties and liability of the administrator of the estate
|
|
Section 1986Delivery of the estate
|
|
Section 1987Payment of the administrator of the estate
|
|
Section 1988End and cancellation of administration of the estate
|
|
Section 1989Defence by the heir of exhaustion of assets
|
|
Section 1990Defence by the heir of insufficiency of assets
|
|
Section 1991Consequences of defence of insufficiency of assets
|
|
Section 1992Overindebtedness as a result of legacies and testamentary burdens
|
Subtitle 4
Filing of an inventory, unlimited liability of the heir
|
|
Section 1993Filing of an inventory
|
|
Section 1994Inventory period
|
|
Section 1995Length of the period
|
|
Section 1996Fixing a new period
|
|
Section 1997Suspension of the expiry of the period
|
|
Section 1998Death of the heir before expiry of the period
|
|
Section 1999Notice to the court
|
|
Section 2000Ineffectiveness of the fixing of the period
|
|
Section 2001Contents of the inventory
|
|
Section 2002Preparation of the inventory by the heir
|
|
Section 2003Official preparation of the inventory
|
|
Section 2004Reference to an existing inventory
|
|
Section 2005Unlimited liability of the heir if the inventory is incorrect
|
|
Section 2006Declaration in lieu of an oath
|
|
Section 2007Liability in the case of more than one share of the inheritance
|
|
Section 2008Inventory for an inheritance that is part of marital property
|
|
Section 2009Effect of filing of inventory
|
|
Section 2010Inspection of the inventory
|
|
Section 2011No inventory period for the treasury as heir
|
|
Section 2012No inventory period for the curator and administrator of the estate
|
|
Section 2013Consequences of the unlimited liability of the heir
|
Subtitle 5
Suspensive defences
|
|
Section 2014Defence within three months
|
|
Section 2015Defence of the public notice procedure
|
|
Section 2016Exclusion of defences in the case of unlimited liability of the heir
|
|
Section 2017Beginning of the period of time in the case of curatorship of the estate
|
Title 3
Claim to inheritance
|
|
Section 2018Duty of surrender of the possessor of the inheritance
|
|
Section 2019Direct substitution
|
|
Section 2020Emoluments and fruits
|
|
Section 2021Duty of surrender under principles of unjust enrichment
|
|
Section 2022Reimbursement of outlays and expenses
|
|
Section 2023Liability after litigation is pending and for emoluments and outlays
|
|
Section 2024Liability with knowledge
|
|
Section 2025Liability in the case of tort
|
|
Section 2026No reliance on acquisition by prescription
|
|
Section 2027Duty of information of the possessor of the inheritance
|
|
Section 2028Duty of information of occupant of house
|
|
Section 2029Liability in the case of individual claims by the heir
|
|
Section 2030Legal position of the acquirer of the inheritance
|
|
Section 2031Claim of person declared dead for surrender
|
Title 4
More than one heir
|
Subtitle 1
Legal relationship of the heirs between themselves
|
|
Section 2032Community of heirs
|
|
Section 2033Right of disposition of the co-heir
|
|
Section 2034Right of preemption as against seller
|
|
Section 2035Right of preemption as against buyer
|
|
Section 2036Liability of buyer of share of the inheritance
|
|
Section 2037Resale of the share of the inheritance
|
|
Section 2038Joint management of the estate
|
|
Section 2039Estate claims
|
|
Section 2040Disposal of objects of the estate, set-off
|
|
Section 2041Direct substitution
|
|
Section 2042Partitioning
|
|
Section 2043Postponement of partitioning
|
|
Section 2044Exclusion of partitioning
|
|
Section 2045Postponement of partitioning
|
|
Section 2046Discharge of obligations of the estate
|
|
Section 2047Distribution of the surplus
|
|
Section 2048Directions by the deceased for partitioning
|
|
Section 2049Taking over of a farm
|
|
Section 2050Duty to adjust advancements for descendants as heirs on intestacy
|
|
Section 2051Duty to adjust advancements if a descendant does not inherit
|
|
Section 2052Duty to adjust advancements for descendants as heirs by will
|
|
Section 2053Gift to more remote or adopted descendant
|
|
Section 2054Gift from the marital property
|
|
Section 2055Carrying out the adjustment
|
|
Section 2056Excess gifts
|
|
Section 2057Duty of information
|
|
Section 2057aDuty to adjust advancements in the case of special payments by one descendant
|
Subtitle 2
Legal relationship between the heirs and the creditors of the estate
|
|
Section 2058Joint and several liability
|
|
Section 2059Liability until division
|
|
Section 2060Liability after division
|
|
Section 2061Public notice to the creditors of the estate
|
|
Section 2062Application for administration of the estate
|
|
Section 2063Filing of an inventory, limitation of liability
|
Division 3
Will
|
Title 1
General provisions
|
|
Section 2064Made in person
|
|
Section 2065Determination by third parties
|
|
Section 2066Heirs on intestacy of the testator
|
|
Section 2067Relatives of the testator
|
|
Section 2068Children of the testator
|
|
Section 2069Descendants of the testator
|
|
Section 2070Descendants of a third party
|
|
Section 2071Group of persons
|
|
Section 2072The poor
|
|
Section 2073Ambiguous designation
|
|
Section 2074Condition precedent
|
|
Section 2075Condition subsequent
|
|
Section 2076Condition for the benefit of a third party
|
|
Section 2077Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement
|
|
Section 2078Avoidance for mistake or duress
|
|
Section 2079Avoidance for omission of a person entitled to a compulsory portion
|
|
Section 2080Person entitled to avoid
|
|
Section 2081Declaration of avoidance
|
|
Section 2082Period of avoidance
|
|
Section 2083Defence of voidability
|
|
Section 2084Interpretation favouring effectiveness
|
|
Section 2085Partial ineffectiveness
|
|
Section 2086Reservation of right to make addition
|
Title 2
Appointment of heirs
|
|
Section 2087Gift of property, of fraction of property or of individual objects
|
|
Section 2088Appointment to fractions
|
|
Section 2089Increase of the fractions
|
|
Section 2090Reduction of the fractions
|
|
Section 2091Undetermined fractions
|
|
Section 2092Partial appointment to fractions
|
|
Section 2093Joint share of the inheritance
|
|
Section 2094Accrual
|
|
Section 2095Accrued share of the inheritance
|
|
Section 2096Substitute heir
|
|
Section 2097Rule of interpretation in the case of substitute heir
|
|
Section 2098Mutual appointment as substitute heir
|
|
Section 2099Substitute heir and accrual
|
Title 3
Appointment of a subsequent heir
|
|
Section 2100Subsequent heir
|
|
Section 2101Subsequent heir not yet conceived
|
|
Section 2102Subsequent heir and substitute heir
|
|
Section 2103Order to surrender the inheritance
|
|
Section 2104Heirs on intestacy as subsequent heirs
|
|
Section 2105Heirs on intestacy as prior heirs
|
|
Section 2106Occurrence of subsequent succession
|
|
Section 2107Childless prior heir
|
|
Section 2108Capacity to inherit; inheritability of the subsequent succession
|
|
Section 2109End of effectiveness of subsequent succession
|
|
Section 2110Scope of the right of subsequent succession
|
|
Section 2111Direct substitution
|
|
Section 2112Right of disposal of the prior heir
|
|
Section 2113Dispositions of plots of land, ships and ships under construction; gifts
|
|
Section 2114Dispositions of mortgage claims, land charges and annuity land charges
|
|
Section 2115Dispositions in execution of judgment against prior heir
|
|
Section 2116Deposit of securities
|
|
Section 2117Change of registration; conversion
|
|
Section 2118Blocking note in debt ledger
|
|
Section 2119Investment of money
|
|
Section 2120Duty of subsequent heir to consent
|
|
Section 2121List of objects of inheritance
|
|
Section 2122Determination of the condition of the inheritance
|
|
Section 2123Economic plan
|
|
Section 2124Costs of maintenance
|
|
Section 2125Outlays; right to remove
|
|
Section 2126Extraordinary burdens
|
|
Section 2127Right to information of subsequent heir
|
|
Section 2128Provision of security
|
|
Section 2129Effect of deprivation of management
|
|
Section 2130Duty to surrender after the occurrence of subsequent succession, duty to render account
|
|
Section 2131Scope of duty of care
|
|
Section 2132No liability for ordinary wear and tear
|
|
Section 2133Improper or excessive taking of fruits
|
|
Section 2134Own use
|
|
Section 2135Lease and usufructuary lease in subsequent succession
|
|
Section 2136Release of the prior heir
|
|
Section 2137Rule of interpretation for the release
|
|
Section 2138Restricted obligation to surrender
|
|
Section 2139Effect of occurrence of subsequent succession
|
|
Section 2140Dispositions of the prior heir after occurrence of subsequent succession
|
|
Section 2141Maintenance for the mother-to-be of a subsequent heir
|
|
Section 2142Disclaimer of subsequent succession
|
|
Section 2143Restoration of extinguished legal relationships
|
|
Section 2144Liability of the subsequent heir for the obligations of the estate
|
|
Section 2145Liability of the prior heir for the obligations of the estate
|
|
Section 2146Duty of prior heir to notify creditors of the estate
|
Title 4
Legacies
|
|
Section 2147Person charged with a legacy
|
|
Section 2148More than one person charged with a legacy
|
|
Section 2149Legacy for heirs on intestacy
|
|
Section 2150Preferential legacy
|
|
Section 2151Right to decide of the person charged or of a third person in the event of more than one person provided for
|
|
Section 2152Choice of persons provided for
|
|
Section 2153Determination of shares
|
|
Section 2154Optional legacy
|
|
Section 2155General legacy
|
|
Section 2156Legacy for a special purpose
|
|
Section 2157Joint legacy
|
|
Section 2158Accrual
|
|
Section 2159Independence of the accrual
|
|
Section 2160Prior death of person provided for
|
|
Section 2161Where the person charged does not inherit
|
|
Section 2162Thirty-year period for a suspended legacy
|
|
Section 2163Exceptions to the thirty-year period
|
|
Section 2164Extension to accessories and claims to compensation
|
|
Section 2165Charges
|
|
Section 2166Charge with a mortgage
|
|
Section 2167Charge with a blanket mortgage
|
|
Section 2168Charge with a blanket land charge
|
|
Section 2168aApplication to ships, ships under construction and ship mortgages
|
|
Section 2169Legacy of foreign objects
|
|
Section 2170Legacy to be procured
|
|
Section 2171Impossibility, statutory prohibition
|
|
Section 2172Combination, intermixture, mingling of the bequeathed thing
|
|
Section 2173Claim as a legacy
|
|
Section 2174Claim arising under a legacy
|
|
Section 2175Restoration of extinguished legal relationships
|
|
Section 2176Devolution of the legacy
|
|
Section 2177Devolution in the event of a condition or a time limit
|
|
Section 2178Devolution in the event of a person provided for not yet conceived or determined
|
|
Section 2179Period of suspense
|
|
Section 2180Acceptance and disclaimer
|
|
Section 2181Discretionary due date
|
|
Section 2182Liability for legal defects
|
|
Section 2183Liability for material defects
|
|
Section 2184Fruits and emoluments
|
|
Section 2185Reimbursement of outlays and expenses
|
|
Section 2186Due date of sublegacy or testamentary burden
|
|
Section 2187Liability of the main legatee
|
|
Section 2188Reduction of the charges
|
|
Section 2189Directions concerning priority
|
|
Section 2190Substitute legatee
|
|
Section 2191Subsequent legatee
|
Title 5
Testamentary burden
|
|
Section 2192Applicable provisions
|
|
Section 2193Appointment of the beneficiary, period for fulfilment
|
|
Section 2194Claim for fulfilment
|
|
Section 2195Relationship between testamentary burden and gift
|
|
Section 2196Impossibility of fulfilment
|
Title 6
Executor
|
|
Section 2197Appointment of an executor
|
|
Section 2198Determination of the executor by a third person
|
|
Section 2199Appointment of co-executor or successor
|
|
Section 2200Appointment by the probate court
|
|
Section 2201Ineffectiveness of the appointment
|
|
Section 2202Acceptance and refusal of office
|
|
Section 2203Task of the executor
|
|
Section 2204Partitioning of the estate between co-heirs
|
|
Section 2205Administration of the estate, power of disposal
|
|
Section 2206Incurring obligations
|
|
Section 2207Extended authority
|
|
Section 2208Limitation of the rights of the executor, execution by the heir
|
|
Section 2209Permanent execution
|
|
Section 2210Thirty-year period for permanent execution
|
|
Section 2211Limitation on dispositions of the heir
|
|
Section 2212Assertion in court of the rights subject to the execution of the will
|
|
Section 2213Assertion in court of claims against the estate
|
|
Section 2214Creditors of the heir
|
|
Section 2215Inventory of the estate
|
|
Section 2216Proper administration of the estate, compliance with directions
|
|
Section 2217Transfer of objects of the estate
|
|
Section 2218Legal relationship to the heir; rendering of accounts
|
|
Section 2219Liability of the executor
|
|
Section 2220Mandatory law
|
|
Section 2221Remuneration of the executor
|
|
Section 2222Executor for the subsequent heir
|
|
Section 2223Executor of a legacy
|
|
Section 2224More than one executor
|
|
Section 2225Expiry of the office of the executor
|
|
Section 2226Notice of termination by the executor
|
|
Section 2227Dismissal of the executor
|
|
Section 2228Inspection of records
|
Title 7
The making and revocation of a will
|
|
Section 2229Testamentary capacity of minors, lack of testamentary capacity
|
|
Section 2230(repealed)
|
|
Section 2231Regular wills
|
|
Section 2232Public will
|
|
Section 2233Special cases
|
|
Sections 2234 - 2246(repealed)
|
|
Section 2247Holographic will
|
|
Section 2248Custody of a holographic will
|
|
Section 2249Emergency will made before the mayor
|
|
Section 2250Emergency will before three witnesses
|
|
Section 2251Emergency will made at sea
|
|
Section 2252Period of validity of emergency wills
|
|
Section 2253Revocation of the will
|
|
Section 2254Revocation by will
|
|
Section 2255Revocation by destruction or changes
|
|
Section 2256Revocation by the revocation of the will from official custody
|
|
Section 2257Revocation of the revocation
|
|
Section 2258Revocation by a later will
|
|
Section 2258a(repealed)
|
|
Section 2258b(repealed)
|
|
Section 2259Obligation to deliver
|
|
Section 2260(repealed)
|
|
Section 2261(repealed)
|
|
Section 2262(repealed)
|
|
Section 2263Voidness of a prohibition on opening the will
|
|
Section 2263a, 2264(repealed)
|
Title 8
Joint will
|
|
Section 2265Joint will made by spouses
|
|
Section 2266Joint emergency will
|
|
Section 2267Joint holographic will
|
|
Section 2268Effect of nullity or dissolution of marriage
|
|
Section 2269Reciprocal appointment
|
|
Section 2270Reciprocal dispositions
|
|
Section 2271Revocation of reciprocal dispositions
|
|
Section 2272Revocation of official custody
|
|
Section 2273(repealed)
|
Division 4
Contract of inheritance
|
|
Section 2274Entering into contract in person
|
|
Section 2275Requirements
|
|
Section 2276Form
|
|
Section 2277(repealed)
|
|
Section 2278Permissible contractual dispositions
|
|
Section 2279Contractual gifts and burdens, application of section 2077
|
|
Section 2280Application of section 2269
|
|
Section 2281Avoidance by the testator
|
|
Section 2282Representation, form of the avoidance
|
|
Section 2283Period of avoidance
|
|
Section 2284Confirmation
|
|
Section 2285Avoidance by third parties
|
|
Section 2286Dispositions inter vivos
|
|
Section 2287Gifts adversely affecting the contractual heir
|
|
Section 2288Prejudice to the legatee
|
|
Section 2289Effect of the contract of inheritance on testamentary dispositions; application of section 2338
|
|
Section 2290Cancellation by contract
|
|
Section 2291Cancellation by will
|
|
Section 2292Cancellation by joint will
|
|
Section 2293Revocation in the event of reservation
|
|
Section 2294Revocation in the event of the misconduct of the person provided for
|
|
Section 2295Revocation in the event of the extinction of a mutual obligation
|
|
Section 2296Representation, form of revocation
|
|
Section 2297Revocation by will
|
|
Section 2298Mutual contract of inheritance
|
|
Section 2299Unilateral dispositions
|
|
Section 2300Application of sections 2259 and 2263; removal from official or notarial custody
|
|
Section 2300a(repealed)
|
|
Section 2301Promise of donation mortis causa
|
|
Section 2302Unlimited testamentary freedom
|
Division 5
Compulsory share
|
|
Section 2303Person entitled to a compulsory share of the estate; amount of the share
|
|
Section 2304Rules of interpretation
|
|
Section 2305Additional compulsory share
|
|
Section 2306Limitations and charges
|
|
Section 2307Bequest of a legacy
|
|
Section 2308Avoidance of the disclaimer
|
|
Section 2309Right of parents and remoter descendants to a compulsory share
|
|
Section 2310Determination of the share of the inheritance for the calculation of the compulsory share
|
|
Section 2311Value of the estate
|
|
Section 2312Value of a farm
|
|
Section 2313Taking account of conditional, uncertain or unsecured rights; duty of determination of the heir
|
|
Section 2314Duty of the heir to provide information
|
|
Section 2315Counting gifts towards the compulsory share
|
|
Section 2316Duty to adjust advancements
|
|
Section 2317Creation and transferability of the claim to a compulsory share
|
|
Section 2318Burden of the compulsory share in the case of legacies and testamentary burdens
|
|
Section 2319Person entitled to a compulsory share as co-heir
|
|
Section 2320Compulsory share burden on the heir taking the place of the person entitled to a compulsory share
|
|
Section 2321Compulsory share burden in the event of a disclaimer of a legacy
|
|
Section 2322Reduction of legacies and testamentary burdens
|
|
Section 2323Heir not charged with a compulsory share
|
|
Section 2324Deviating directions by the testator concerning the compulsory share burden
|
|
Section 2325Claim for the augmentation of compulsory shares in the event of gifts
|
|
Section 2326Augmentation to more than half of the share of the inheritance on intestacy
|
|
Section 2327Receipt of gift by a person entitled to a compulsory share
|
|
Section 2328Heir himself as person entitled to a compulsory share
|
|
Section 2329Claim against the recipient of a gift
|
|
Section 2330Gift arising from a moral duty
|
|
Section 2331Gifts made from marital property
|
|
Section 2331aAdditional time
|
|
Section 2332Limitation
|
|
Section 2333Deprivation of a compulsory share
|
|
Section 2334(repealed)
|
|
Section 2335(repealed)
|
|
Section 2336Form, burden of proof and ineffectiveness of deprivation
|
|
Section 2337Forgiveness
|
|
Section 2338Limitation of the compulsory share
|
Division 6
Unworthiness to inherit
|
|
Section 2339Grounds for unworthiness to inherit
|
|
Section 2340Enforcement of the unworthiness to inherit by avoidance
|
|
Section 2341Persons entitled to avoid
|
|
Section 2342Action for avoidance
|
|
Section 2343Forgiveness
|
|
Section 2344Effect of a declaration of unworthiness to inherit
|
|
Section 2345Unworthiness to receive a legacy; unworthiness to receive a compulsory share
|
Division 7
Renunciation of inheritance
|
|
Section 2346Effect of the renunciation of inheritance, possibility of limitation
|
|
Section 2347Personal requirements, representation
|
|
Section 2348Form
|
|
Section 2349Extension to descendants
|
|
Section 2350Renunciation in favour of another
|
|
Section 2351Revocation of a renunciation of the inheritance
|
|
Section 2352Renunciation of gifts
|
Division 8
Certificate of inheritance
|
|
Section 2353Competence of the probate court, application
|
|
Section 2354Statements of the heir on intestacy in the application
|
|
Section 2355Statements of the testamentary heir in the application
|
|
Section 2356Proof of accuracy of statements
|
|
Section 2357Joint certificate of inheritance
|
|
Section 2358Investigations by the probate court
|
|
Section 2359Requirements for the issue of a certificate of inheritance
|
|
Section 2360(repealed)
|
|
Section 2361Revocation or declaration of invalidity of an inaccurate certificate of inheritance
|
|
Section 2362Claim for return and information by the true heir
|
|
Section 2363Contents of the certificate of inheritance for the prior heir
|
|
Section 2364Indication of the executor in the certificate of inheritance, claim for delivery by the executor
|
|
Section 2365Presumption of legitimacy of the certificate of inheritance
|
|
Section 2366Presumption of the authenticity of the certificate of inheritance
|
|
Section 2367Performance for the person named as heir in the certificate of inheritance
|
|
Section 2368Executor’s certificate
|
|
Section 2369Certificate of inheritance limited to objects
|
|
Section 2370Presumption of authenticity of declaration of death
|
Division 9
Purchase of an inheritance
|
|
Section 2371Form
|
|
Section 2372Advantages due to purchaser
|
|
Section 2373Parts remaining for the seller
|
|
Section 2374Duty to return
|
|
Section 2375Duty to compensate
|
|
Section 2376Liability of the seller
|
|
Section 2377Restoration of extinguished legal relationships
|
|
Section 2378Obligations of the estate
|
|
Section 2379Emoluments and charges prior to the sale
|
|
Section 2380Passing of the risk, emoluments and charges after the sale
|
|
Section 2381Reimbursement of outlays and expenses
|
|
Section 2382Liability of the purchaser in relation to the creditors of the estate
|
|
Section 2383Scope of liability of the purchaser
|
|
Section 2384The duty of notification of the seller towards the creditors of the estate, right of inspection
|
|
Section 2385Application to similar contracts
|
