German Civil Code
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Übersetzung des Bürgerlichen Gesetzbuches durch ein Übersetzer-Team des Langenscheidt Übersetzungsservice. Laufende Aktualisierung der Übersetzung durch Neil Mussett.
Translation provided by the Langenscheidt Translation Service. Translation regularly updated by Neil Mussett.
© 2009 juris GmbH, Saarbrücken
| Book 1 General Part | |
| Division
1 Persons | |
| Title 1 Natural persons, consumers, entrepreneurs | |
| Section 1 | Beginning of legal capacity |
| Section 2 | Beginning of majority |
| Sections 3 - 6 | (repealed) |
| Section 7 | Residence; establishment and termination |
| Section 8 | Residence of persons who lack full capacity to contract |
| Section 9 | Residence of a soldier |
| Section 10 | (repealed) |
| Section 11 | Residence of a child |
| Section 12 | Right to a name |
| Section 13 | Consumer |
| Section 14 | Entrepreneur |
| Sections 15 - 20 | (repealed) |
| Title 2 Legal persons | |
| Subtitle 1 Associations | |
| Chapter 1 General provisions | |
| Section 21 | Non-commercial association |
| Section 22 | Commercial association |
| Section 23 | Foreign association |
| Section 24 | Seat |
| Section 25 | Constitution |
| Section 26 | Board; representation |
| Section 27 | Appointment of and management by the board |
| Section 28 | Passing of resolutions and representation |
| Section 29 | Emergency appointment by local court [Amtsgericht] |
| Section 30 | Special representatives |
| Section 31 | Liability of an association for organs |
| Section 32 | General meeting; passing of resolutions |
| Section 33 | Amendment of articles of association |
| Section 34 | Exclusion from voting |
| Section 35 | Special rights |
| Section 36 | Convening of the general meeting |
| Section 37 | Convening a meeting at the request of a minority |
| Section 38 | Membership |
| Section 39 | Leaving the association |
| Section 40 | Flexible provisions |
| Section 41 | Dissolution of the association |
| Section 42 | Insolvency |
| Section 43 | Deprivation of legal personality |
| Section 44 | Jurisdiction and proceedings |
| Section 45 | Devolution of the assets of the association |
| Section 46 | Devolution on the treasury |
| Section 47 | Liquidation |
| Section 48 | Liquidators |
| Section 49 | Duties of the liquidators |
| Section 50 | Public notice of the association in liquidation |
| Section 50a | Newspaper for notices |
| Section 51 | One-year waiting period |
| Section 52 | Security for creditors |
| Section 53 | Liability in damages of the liquidators |
| Section 54 | Associations without legal personality |
| Chapter
2 Registered associations | |
| Section 55 | Jurisdiction over entry in the register |
| Section 55a | Electronic register of associations |
| Section 56 | Minimum number of members of the association |
| Section 57 | Minimum requirements of the articles of association |
| Section 58 | Recommended contents of the articles of association |
| Section 59 | Application for registration |
| Section 60 | Rejection of the application |
| Sections 61 - 63 | (repealed) |
| Section 64 | Contents of the entry in the register of associations |
| Section 65 | Addition to name |
| Section 66 | Public notice |
| Section 67 | Changes to the board |
| Section 68 | Protection of public confidence by the register of associations |
| Section 69 | Evidence of composition of the board |
| Section 70 | Restriction of power of agency; passing resolutions |
| Section 71 | Amendments of the articles of association |
| Section 72 | Certificate on number of members |
| Section 73 | Decrease in numbers of members |
| Section 74 | Dissolution |
| Section 75 | Commencement of insolvency proceedings |
| Section 76 | Entry of the liquidators in the register |
| Section 77 | Form of notification |
| Section 78 | Assessment of coercive fines |
| Section 79 | Inspection of the register of associations |
| Subtitle 2 Foundations | |
| Section 80 | Formation of a foundation having legal personality |
| Section 81 | Endowment transaction |
| Section 82 | Duty of founder to make transfers |
| Section 83 | Testamentary foundation |
| Section 84 | Recognition after the death of the founder |
| Section 85 | Constitution of foundation |
| Section 86 | Application of law on associations |
| Section 87 | Change of objects; termination |
| Section 88 | Devolution of property |
| Subtitle 3 Legal persons under public law | |
| Section 89 | Liability for organs; insolvency |
| Division 2 Things and animals | |
| Section 90 | Concept of the thing |
| Section 90a | Animals |
| Section 91 | Fungible things |
| Section 92 | Consumable things |
| Section 93 | Essential parts of a thing |
| Section 94 | Essential parts of a plot of land or a building |
| Section 95 | Merely temporary purpose |
| Section 96 | Rights as parts of a plot of land |
| Section 97 | Accessories |
| Section 98 | Commercial and agricultural inventory |
| Section 99 | Fruits |
| Section 100 | Emoluments |
| Section 101 | Division of fruits |
| Section 102 | Reimbursement of costs of production |
| Section 103 | Allocation of charges |
| Division
3 Legal transactions | |
| Title 1 Capacity to contract | |
| Section 104 | Incapacity to contract |
| Section 105 | Voidness of declaration of intent |
| Section 105a | Everyday transactions |
| Section 106 | Limited capacity for minors to contract |
| Section 107 | Consent of legal representative |
| Section 108 | Entry into a contract without consent |
| Section 109 | Right of revocation of the other party |
| Section 110 | Payment by minor with own means |
| Section 111 | Unilateral legal transactions |
| Section 112 | Independent operation of a trade or business |
| Section 113 | Service or employment relationship |
| Sections 114, 115 | (repealed) |
| Title 2 Declaration of intent | |
| Section 116 | Mental reservation |
| Section 117 | Sham transaction |
| Section 118 | Lack of seriousness |
| Section 119 | Voidability for mistake |
| Section 120 | Voidability for incorrect transmission |
| Section 121 | Period for avoidance |
| Section 122 | Liability in damages of the person declaring avoidance |
| Section 123 | Voidability on the grounds of deceit or duress |
| Section 124 | Period for avoidance |
| Section 125 | Voidness resulting from a defect of form |
| Section 126 | Written form |
| Section 126a | Electronic form |
| Section 126b | Text form |
| Section 127 | Agreed form |
| Section 127a | Court settlement |
| Section 128 | Notarial recording |
| Section 129 | Official certification |
| Section 130 | Effectiveness of a declaration of intent to absent parties |
| Section 131 | Effectiveness in relation to persons without full capacity to contract |
| Section 132 | Substitution of service for receipt |
| Section 133 | Interpretation of a declaration of intent |
| Section 134 | Statutory prohibition |
| Section 135 | Statutory prohibition of disposal |
| Section 136 | Official prohibition of disposal |
| Section 137 | Prohibition of dispositions in a legal transaction |
| Section 138 | Legal transaction contrary to public policy; usury |
| Section 139 | Partial invalidity |
| Section 140 | Re-interpretation |
| Section 141 | Confirmation of a void legal transaction |
| Section 142 | Effect of avoidance |
| Section 143 | Declaration of avoidance |
| Section 144 | Confirmation of a voidable legal transaction |
| Title
3 Contract | |
| Section 145 | Binding effect of an offer |
| Section 146 | Expiry of an offer |
| Section 147 | Period for acceptance |
| Section 148 | Fixing a period for acceptance |
| Section 149 | Late receipt of a declaration of acceptance |
| Section 150 | Late and altered acceptance |
| Section 151 | Acceptance without declaration to the offeror |
| Section 152 | Acceptance by notarial recording |
| Section 153 | Death or incapacity to contract of the offeror |
| Section 154 | Overt lack of agreement; lack of notarial recording |
| Section 155 | Hidden lack of agreement |
| Section 156 | Entry into contracts at auctions |
| Section 157 | Interpretation of contracts |
| Title 4 Conditions and specification of time | |
| Section 158 | Conditions precedent and subsequent |
| Section 159 | Retroactive effect |
| Section 160 | Liability in the period of suspense |
| Section 161 | Ineffectiveness of dispositions in the period of suspense |
| Section 162 | Prevention of or bringing about the satisfaction of the condition |
| Section 163 | Specification of time |
| Title 5 Agency and authority | |
| Section 164 | Effect of a declaration made by the agent |
| Section 165 | Agent with limited capacity to contract |
| Section 166 | Absence of intent; imputed knowledge |
| Section 167 | Conferment of authority |
| Section 168 | Expiry of authority |
| Section 169 | Authority of the authorised representative and the managing partner |
| Section 170 | Period of effectiveness of the authority |
| Section 171 | Period of effectiveness in the case of announcement |
| Section 172 | Letter of authorisation |
| Section 173 | Period of effectiveness in the case of knowledge and negligent lack of knowledge |
| Section 174 | Unilateral legal transaction by an authorised representative |
| Section 175 | Return of the letter of authorisation |
| Section 176 | Declaration of invalidity of the letter of authorisation |
| Section 177 | Entry into contract by an unauthorised agent |
| Section 178 | Right of revocation of the other party |
| Section 179 | Liability of an unauthorised agent |
| Section 180 | Unilateral legal transactions |
| Section 181 | Contracting with oneself |
| Title 6 Consent and ratification | |
| Section 182 | Approval |
| Section 183 | Revocability of consent |
| Section 184 | Retroactive effect of ratification |
| Section 185 | Disposition by an unauthorised person |
| Division 4 Periods of time and fixed dates | |
| Section 186 | Scope of applicability |
| Section 187 | Beginning of a period of time |
| Section 188 | End of a period of time |
| Section 189 | Calculation of individual periods of time |
| Section 190 | Extension of period |
| Section 191 | Calculation of periods of time |
| Section 192 | Beginning, middle and end of a month |
| Section 193 | Sundays and holidays; Saturdays |
| Division
5 Limitation | |
| Title 1 Subject-matter and duration of limitation | |
| Section 194 | Subject-matter of limitation |
| Section 195 | Standard limitation period |
| Section 196 | Limitation period for rights to a plot of land |
| Section 197 | Thirty-year limitation period |
| Section 198 | Limitation in the case of a successor in title |
| Section 199 | Commencement of the standard limitation period and maximum periods |
| Section 200 | Commencement of other limitation periods |
| Section 201 | Commencement of the limitation period for recognised claims |
| Section 202 | Inadmissibility of agreements on limitation |
| Title
2 Suspension, suspension of expiry and recommencement of the limitation period | |
| Section 203 | Suspension of limitation in the case of negotiations |
| Section 204 | Suspension of limitation as a result of prosecution of rights |
| Section 205 | Suspension of limitation in the case of a right to refuse performance |
| Section 206 | Suspension of limitation in case of force majeure |
| Section 207 | Suspension of limitation for family and other reasons |
| Section 208 | Suspension of limitation in the case of claims for infringement of the right to sexual self-determination |
| Section 209 | Effect of suspension |
| Section 210 | Suspension of expiry of the limitation period in the case of persons without full capacity to contract |
| Section 211 | Suspension of expiry in matters relating to estates |
| Section 212 | Recommencement of the limitation period |
| Section 213 | Suspension, suspension of expiry and recommencement of limitation in the case of other claims |
| Title
3 Legal consequences of limitation | |
| Section 214 | Effect of limitation |
| Section 215 | Set-off and right of retention after a claim is statute-barred |
| Section 216 | Effect of limitation in the case of secured claims |
| Section 217 | Limitation of collateral performance |
| Section 218 | Ineffectiveness of withdrawal |
| Sections 219 - 225 | (repealed) |
| Division
6 Exercise of rights, self-defence, self-help | |
| Section 226 | Prohibition of chicanery |
| Section 227 | Self-defence against persons |
| Section 228 | Necessity |
| Section 229 | Self-help |
| Section 230 | Limits of self-help |
| Section 231 | Self-help by mistake |
| Division 7 Provision of security | |
| Section 232 | Types |
| Section 233 | Effect of deposit |
| Section 234 | Suitable securities |
| Section 235 | Right to exchange |
| Section 236 | Registered claims |
| Section 237 | Movable things |
| Section 238 | Mortgages, land charges and annuity land charges |
| Section 239 | Surety |
| Section 240 | Duty to supplement security |
| Book
2 Law of Obligations | |
| Division 1 Subject matter of obligations | |
| Title 1 Duty of performance | |
| Section 241 | Duties arising from an obligation |
| Section 241a | Unsolicited performance |
| Section 242 | Performance in good faith |
| Section 243 | Obligation in kind |
| Section 244 | Foreign currency obligation |
| Section 245 | Obligation payable in a specific denomination of money |
| Section 246 | Statutory interest rate |
| Section 247 | Basic rate of interest |
| Section 248 | Compound interest |
| Section 249 | Nature and extent of damages |
| Section 250 | Damages in money after the specification of a period of time |
| Section 251 | Damages in money without the specification of a period of time |
| Section 252 | Lost profits |
| Section 253 | Intangible damage |
| Section 254 | Contributory negligence |
| Section 255 | Assignment of claims to compensation |
| Section 256 | Payment of interest on expenses |
| Section 257 | Claim for release |
| Section 258 | Right of removal |
| Section 259 | Extent of duty to render account |
| Section 260 | Duties when returning or providing information on an aggregate of objects |
| Section 261 | Modifying a declaration in lieu of an oath; costs |
| Section 262 | Alternative obligation; right of choice |
| Section 263 | Exercise of the right of choice; effect |
| Section 264 | Default by the person entitled to the right of choice |
| Section 265 | Impossibility in case of alternative obligations |
| Section 266 | Part performance |
| Section 267 | Performance by third parties |
| Section 268 | Right of redemption of a third party |
| Section 269 | Place of performance |
| Section 270 | Place of payment |
| Section 271 | Time of performance |
| Section 272 | Interim interest |
| Section 273 | Right of retention |
| Section 274 | Effects of the right of retention |
| Section 275 | Exclusion of the duty of performance |
| Section 276 | Responsibility of the obligor |
| Section 277 | Standard of care in ones own affairs |
| Section 278 | Responsibility of the obligor for third parties |
| Section 279 | (repealed) |
| Section 280 | Damages for breach of duty |
| Section 281 | Damages in lieu of performance for nonperformance or failure to render performance as owed |
| Section 282 | Damages in lieu of performance for breach of a duty under section 241 (2) |
| Section 283 | Damages in lieu of performance where the duty of performance is excluded |
| Section 284 | Reimbursement of futile expenses |
| Section 285 | Return of reimbursement |
| Section 286 | Default of the obligor |
| Section 287 | Liability during default |
| Section 288 | Default interest |
| Section 289 | Prohibition of compound interest |
| Section 290 | Interest on compensation for value |
| Section 291 | Interest during legal proceedings |
| Section 292 | Liability in the case of a duty to return |
| Title
2 Default by the obligee | |
| Section 293 | Default in acceptance |
| Section 294 | Actual offer |
| Section 295 | Verbal offer |
| Section 296 | Dispensability of the offer |
| Section 297 | Inability of the obligor |
| Section 298 | Concurrent performance |
| Section 299 | Temporary prevention of acceptance |
| Section 300 | Effects of default by the obligee |
| Section 301 | Cessation of interest |
| Section 302 | Emoluments |
| Section 303 | Right to abandon possession |
| Section 304 | Compensation for extra expenses |
| Division 2 Drafting contractual obligations by means of standard business terms | |
| Section 305 | Incorporation of standard business terms into the contract |
| Section 305a | Incorporation in special cases |
| Section 305b | Priority of individually agreed terms |
| Section 305c | Surprising and ambiguous clauses |
| Section 306 | Legal consequences of non-incorporation and ineffectiveness |
| Section 306a | Prohibition of circumvention |
| Section 307 | Test of reasonableness of contents |
| Section 308 | Prohibited clauses with the possibility of evaluation |
| Section 309 | Prohibited clauses without the possibility of evaluation |
| Section 310 | Scope of application |
| Division 3 Contractual obligations | |
| Title 1 Creation, subject matter and termination | |
| Subtitle 1 Creation | |
| Section 311 | Obligations created by legal transaction and obligations similar to legal transactions |
| Section 311a | Obstacle to performance when contract is entered into |
| Section 311b | Contracts on plots of land, assets and an estate |
| Section 311c | Application to accessories |
| Subtitle 2 Particular types of sale | |
| Section 312 | Right of revocation in the case of doorstep transactions |
| Section 312a | Relationship to other provisions |
| Section 312b | Distance contracts |
| Section 312c | Giving information to a consumer in distance contracts |
| Section 312d | Right of revocation and right of return in distance contracts |
| Section 312e | Duties in electronic business dealings |
| Section 312f | Termination and power of attorney to terminate |
| Section 312g | Deviating agreements |
| Subtitle 3 Adaptation and ending of contracts | |
| Section 313 | Interference with the basis of the transaction |
| Section 314 | Termination, for a compelling reason, of contracts for the performance of a continuing obligation |
| Subtitle 4 Unilateral rights to specify performance | |
| Section 315 | Specification of performance by one party |
| Section 316 | Specification of consideration |
| Section 317 | Specification of performance by a third party |
| Section 318 | Avoidance of specification |
| Section 319 | Ineffectiveness of the specification; substitution |
| Title 2 Reciprocal contracts | |
| Section 320 | Defence of unperformed contract |
| Section 321 | Defence of uncertainty |
| Section 322 | Order to perform reciprocally and simultaneously |
| Section 323 | Withdrawal for nonperformance or for performance not in conformity with the contract |
| Section 324 | Withdrawal for breach of a duty under section 241 (2) |
| Section 325 | Damages and withdrawal |
| Section 326 | Release from consideration and withdrawal where the duty of performance is excluded |
| Section 327 | (repealed) |
| Title 3 Promise of performance to a third party | |
| Section 328 | Contract for the benefit of third parties |
| Section 329 | Interpretation rule where there is an assumption of the duty to perform |
| Section 330 | Interpretation rule in the case of life annuity contracts |
| Section 331 | Performance after death |
| Section 332 | Modification by disposition mortis causa in case of reservation |
| Section 333 | Rejection of the right by the third party |
| Section 334 | Objections of the obligor in relation to the third party |
| Section 335 | Right of the promisee to make demands |
| Title 4 Earnest, contractual penalty | |
| Section 336 | Interpretation of earnest |
| Section 337 | Crediting or return of the earnest |
| Section 338 | Earnest in case of impossibility of performance for which giver of earnest is responsible |
| Section 339 | Payability of contractual penalty |
| Section 340 | Promise to pay a penalty for nonperformance |
| Section 341 | Promise of a penalty for improper performance |
| Section 342 | Alternatives to monetary penalty |
| Section 343 | Reduction of the penalty |
| Section 344 | Ineffective promise of a penalty |
| Section 345 | Burden of proof |
| Title 5 Withdrawal; right of revocation and right of return in consumer contracts | |
| Subtitle 1 Withdrawal | |
| Section 346 | Effects of withdrawal |
| Section 347 | Emoluments and outlays after withdrawal |
| Section 348 | Reciprocal and simultaneous performance |
| Section 349 | Declaration of withdrawal |
| Section 350 | Extinction of the right of withdrawal after a period of time has been specified |
| Section 351 | Indivisibility of the right of withdrawal |
| Section 352 | Set-off after nonperformance |
| Section 353 | Withdrawal in return for forfeit money |
| Section 354 | Forfeiture of rights |
| Subtitle 2 Right of revocation and right of return in consumer contracts | |
| Section 355 | Right of revocation in consumer contracts |
| Section 356 | Right of return in consumer contracts |
| Section 357 | Legal consequences of revocation and return |
| Section 358 | Connected contracts |
| Section 359 | Objections in the case of connected contracts |
| Sections 360, 361 | (repealed) |
| Division 4 Extinction of obligations | |
| Title
1 Performance | |
| Section 362 | Extinction by performance |
| Section 363 | Burden of proof in the case of acceptance as performance of contract |
| Section 364 | Acceptance in lieu of performance of contract |
| Section 365 | Warranty in the case of performance in lieu of performance of contract |
| Section 366 | Crediting of performance to more than one claim |
| Section 367 | Crediting to interest and costs |
| Section 368 | Receipt |
| Section 369 | Costs of the receipt |
| Section 370 | Performance to the bringer of the receipt |
| Section 371 | Return of the certificate of indebtedness |
| Title
2 Deposit | |
| Section 372 | Requirements |
| Section 373 | Reciprocal and simultaneous performance |
| Section 374 | Place of deposit; duty to notify |
| Section 375 | Retroactive effect with dispatch by mail |
| Section 376 | Right to take back |
| Section 377 | Unpledgeability of the right to take back |
| Section 378 | Effect of deposit where taking back is excluded |
| Section 379 | Effect of deposit where taking back is not excluded |
| Section 380 | Proof of entitlement to receive |
| Section 381 | Costs of deposit |
| Section 382 | Extinction of the right of the obligee |
| Section 383 | Auction of things not capable of deposit |
| Section 384 | Warning of auction |
| Section 385 | Sale by private agreement |
| Section 386 | Costs of the auction |
| Title 3 Set-off | |
| Section 387 | Requirements |
| Section 388 | Declaration of set-off |
| Section 389 | Effect of set-off |
| Section 390 | No set-off against a claim subject to a defence |
| Section 391 | Set-off with different places of performance |
| Section 392 | Set-off against a seized claim |
| Section 393 | No set-off against a claim in tort |
| Section 394 | No set-off against an unpledgeable claim |
| Section 395 | Set-off against claims of public-law corporations |
| Section 396 | More than one claim |
| Title 4 Forgiveness | |
| Section 397 | Contract of forgiveness, acknowledgement of non-indebtedness |
| Division 5 Transfer of a claim | |
| Section 398 | Assignment |
| Section 399 | Exclusion of assignment in case of change of contents or by agreement |
| Section 400 | Exclusion in case of unpledgeable claims |
| Section 401 | Passing of accessory rights and preferential rights |
| Section 402 | Duty of information; provision of documents |
| Section 403 | Duty of notarial recording |
| Section 404 | Objections of the obligor |
| Section 405 | Assignment with presentation of documents |
| Section 406 | Set-off in relation to the new obligee |
| Section 407 | Legal acts in relation to the previous obligee |
| Section 408 | Multiple assignment |
| Section 409 | Notice of assignment |
| Section 410 | Delivery of the assignment document |
| Section 411 | Assignment of salary |
| Section 412 | Statutory passing of claims |
| Section 413 | Transfer of other rights |
| Division 6 Assumption of debt | |
| Section 414 | Contract between obligee and transferee |
| Section 415 | Contract between obligor and transferee |
| Section 416 | Assumption of a mortgage debt |
| Section 417 | Objections of the transferee |
| Section 418 | Extinction of security rights and preferential rights |
| Section 419 | (repealed) |
| Division 7 More than one obligor and obligee | |
| Section 420 | Divisible performance |
| Section 421 | Joint and several debtors |
| Section 422 | Effect of performance |
| Section 423 | Effect of forgiveness |
| Section 424 | Effect of default by the obligee |
| Section 425 | Effect of other facts |
| Section 426 | Duty to adjust advancements, passing of claim |
| Section 427 | Joint contractual duty |
| Section 428 | Joint and several creditors |
| Section 429 | Effect of changes |
| Section 430 | Duty of the joint and several creditors to adjust advancements |
| Section 431 | More than one obligor of indivisible performance |
| Section 432 | More than one obligee of indivisible performance |
| Division
8 Particular types of obligations | |
| Title
1 Purchase, exchange | |
| Subtitle
1 General provisions | |
| Section 433 | Typical contractual duties in a purchase agreement |
| Section 434 | Material defects |
| Section 435 | Legal defects |
| Section 436 | Public charges on plots of land |
| Section 437 | Rights of buyer in the case of defects |
| Section 438 | Limitation of claims for defects |
| Section 439 | Cure |
| Section 440 | Special provisions on withdrawal and damages |
| Section 441 | Reduction of price |
| Section 442 | Knowledge of the buyer |
| Section 443 | Guarantee of quality and durability |
| Section 444 | Exclusion of liability |
| Section 445 | Limitation of liability in the case of public auctions |
| Section 446 | Passing of risk and of charges |
| Section 447 | Passing of risk in the case of sales shipment |
| Section 448 | Costs of delivery and comparable costs |
| Section 449 | Retention of title |
| Section 450 | Excluded buyers in the case of certain sales |
| Section 451 | Purchase by excluded buyer |
| Section 452 | Purchase of a ship |
| Section 453 | Purchase of rights |
| Subtitle 2 Special types of purchase | |
| Chapter 1 Purchase on approval | |
| Section 454 | Coming into existence of the purchase agreement |
| Section 455 | Approval period |
| Chapter 2 Repurchase | |
| Section 456 | Coming into existence of the repurchase agreement |
| Section 457 | Liability of the reseller |
| Section 458 | Removal of third-party rights |
| Section 459 | Reimbursement of outlays |
| Section 460 | Repurchase at estimated value |
| Section 461 | More than one person entitled to repurchase |
| Section 462 | Cut-off period |
| Chapter 3 Preemption | |
| Section 463 | Requirements for exercise |
| Section 464 | Exercise of the right of preemption |
| Section 465 | Ineffective agreements |
| Section 466 | Collateral performance |
| Section 467 | Total price |
| Section 468 | Deferral of the purchase price |
| Section 469 | Duty to notify, exercise period |
| Section 470 | Sale to heir on intestacy |
| Section 471 | Sale in case of execution of judgment or insolvency |
| Section 472 | More than one person with a right of preemption |
| Section 473 | Non-transferability |
| Subtitle 3 Purchase of consumer goods | |
| Section 474 | The concept of purchase of consumer goods |
| Section 475 | Deviating agreements |
| Section 476 | Shifting the burden of proof |
| Section 477 | Special provisions for guarantees |
| Section 478 | Recourse of the entrepreneur |
| Section 479 | Limitation of recourse claims |
| Subtitle 4 Exchange | |
| Section 480 | Exchange |
| Title 2 Time-share agreements | |
| Section 481 | The concept of time-share agreement |
| Section 482 | Duty to provide a prospectus with regard to time-share agreements |
| Section 483 | Language of the contract and prospectus with regard to time-share agreements |
| Section 484 | Written form with regard to time-share agreements |
| Section 485 | Right of revocation with regard to time-share agreements |
| Section 486 | Prohibition of down payment with regard to time-share agreements |
| Section 487 | Deviating agreements |
| Title 3 Loan contract; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer | |
| Subtitle 1 Loan contract | |
| Section 488 | Typical contractual duties in a loan contract |
| Section 489 | Right of the borrower to give notice of termination |
| Section 490 | Right to terminate for cause |
| Section 491 | Consumer loan contract |
| Section 492 | Written form, contents of the contract |
| Section 492a | Duties to notify during the contractual relationship |
| Section 493 | Overdraft credit |
| Section 494 | Legal consequences of defects of form |
| Section 495 | Right of revocation |
| Section 496 | Waiver of objections, prohibition of bills of exchange and cheques |
| Section 497 | Treatment of default interest, crediting part performance |
| Section 498 | Calling in entire loan in the case of loans repayable in instalments |
| Subtitle 2 Financing assistance between an entrepreneur and a consumer | |
| Section 499 | Postponement of payment, other financing assistance |
| Section 500 | Finance leasing contracts |
| Section 501 | Instalment payment transactions |
| Section 502 | Required information, legal consequences of defects of form in instalment payment transactions |
| Section 503 | Right of return, withdrawal with regard to instalment payment transactions |
| Section 504 | Advance payment with regard to instalment payment transactions |
| Subtitle
3 Instalment supply contracts between an entrepreneur and a consumer | |
| Section 505 | Contracts for delivery by instalments |
| Subtitle
4 Mandatory nature, application to founders of new businesses | |
| Section 506 | Deviating agreements |
| Section 507 | Application to founders of new businesses |
| Sections 508 - 515 | (repealed) |
| Title 4 Donation | |
| Section 516 | Concept of donation |
| Section 517 | Failure to acquire assets |
| Section 518 | Form of promise of donation |
| Section 519 | Defence of paying for necessaries |
| Section 520 | Expiry of the promise of an annuity |
| Section 521 | Liability of the donor |
| Section 522 | No default interest |
| Section 523 | Liability for legal defects |
| Section 524 | Liability for material defects |
| Section 525 | Donation subject to conditions |
| Section 526 | Refusal to fulfil the condition |
| Section 527 | Non-fulfilment of the condition |
| Section 528 | Claim for return due to impoverishment of the donor |
| Section 529 | Exclusion of claim for return |
| Section 530 | Revocation of donation |
| Section 531 | Declaration of revocation |
| Section 532 | Exclusion of revocation |
| Section 533 | Waiver of the right of revocation |
| Section 534 | Donations for duty and decency |
| Title 5 Lease, usufructuary lease | |
| Subtitle 1 General provisions for leases | |
| Section 535 | Contents and primary duties of the lease agreement |
| Section 536 | Rent reduction for material and legal defects |
| Section 536a | Claim of lessee for damages and reimbursement of expenses due to a defect |
| Section 536b | Lessee knows of the defect upon entering into the agreement or upon acceptance |
| Section 536c | Defects occurring during the lease period; notice of defect by the lessee |
| Section 536d | Contractual exclusion of rights of lessee with regard to defects |
| Section 537 | Payment of rent when the lessee is unable to be present in person |
| Section 538 | Wear and tear on the leased property from use in conformity with the contract |
| Section 539 | Reimbursement of other expenses and right of removal of the lessee |
| Section 540 | Permitting use by third parties |
| Section 541 | Application for injunction for use in breach of contract |
| Section 542 | End of the lease |
| Section 543 | Termination for cause without notice for a compelling reason |
| Section 544 | Lease for more than thirty years |
| Section 545 | Tacit extension of the lease |
| Section 546 | Duty of lessee to return |
| Section 546a | Compensation of the lessor in the case of late return |
| Section 547 | Reimbursement of rent paid in advance |
| Section 548 | Limitation of compensation claims and right of removal |
| Subtitle
2 Leases for residential space | |
| Chapter
1 General provisions | |
| Section 549 | Provisions applicable to leases of residential space |
| Section 550 | Form of the lease agreement |
| Section 551 | Restriction and investment of rent security deposits |
| Section 552 | Warding off the right of removal of the lessee |
| Section 553 | Permitting use by third parties |
| Section 554 | Toleration of conservation and modernisation measures |
| Section 554a | Accessibility |
| Section 555 | Ineffectiveness of contractual penalty |
| Chapter
2 Rent | |
| Subchapter 1 Agreements on rent | |
| Section 556 | Agreements on operating costs |
| Section 556a | Accounting criterion for operating costs |
| Section 556b | Due date of rent, right to set-off and right of retention |
| Subchapter 2 Provisions on the rent amount | |
| Section 557 | Increases in rent by agreement or law |
| Section 557a | Stepped rent |
| Section 557b | Indexed rent |
| Section 558 | Increase in rent up to the reference rent customary in the locality |
| Section 558a | Form and justification of the rent increase |
| Section 558b | Approval of a rent increase |
| Section 558c | List of representative rents |
| Section 558d | Expert list of representative rents |
| Section 558e | Rent database |
| Section 559 | Rent increase in case of modernisation |
| Section 559a | Crediting of third-party funds |
| Section 559b | Assertion of an increase; effect of declaration of increase |
| Section 560 | Changes in operating costs |
| Section 561 | Special right of termination of the lessee following a rent increase |
| Chapter 3 Security right of the lessor | |
| Section 562 | Extent of the security right of the lessor |
| Section 562a | Extinction of the security right of the lessor |
| Section 562b | Self-help; claim for return |
| Section 562c | Warding off the security right by provision of security |
| Section 562d | Attachment by a third party |
| Chapter 4 Change of parties to the contract | |
| Section 563 | Right of succession upon death of the lessee |
| Section 563a | Continuation with surviving lessees |
| Section 563b | Liability in the case of succession or continuation |
| Section 564 | Continuation of the lease with the heir; termination for cause |
| Section 565 | Commercial subletting |
| Section 566 | Purchase is subject to existing leases |
| Section 566a | Rent security deposit |
| Section 566b | Advance disposition of the rent |
| Section 566c | Agreement between lessee and lessor on the rent |
| Section 566d | Set-off by the lessee |
| Section 566e | Notification by the lessor of passing of ownership |
| Section 567 | Encumbrance of the residential space by the lessor |
| Section 567a | Disposal or encumbrance prior to permission of use of residential space |
| Section 567b | Further disposal or encumbrance by the acquirer |
| Chapter
5 Termination of the lease | |
| Subchapter
1 General provisions | |
| Section 568 | Form and contents of the notice of termination |
| Section 569 | Termination for cause without notice for a compelling reason |
| Section 570 | Exclusion of the right of retention |
| Section 571 | Further damages for late return of residential space |
| Section 572 | Agreement on right of withdrawal; lease subject to condition subsequent |
| Subchapter 2 Leases for an indefinite period of time | |
| Section 573 | Notice of termination by the lessor |
| Section 573a | Simplified termination by the lessor |
| Section 573b | Partial termination by the lessor |
| Section 573c | Termination notice periods |
| Section 573d | Termination for cause with the statutory notice period |
| Section 574 | Objection of lessee to termination |
| Section 574a | Continuation of lease after objection |
| Section 574b | Form and period of objection |
| Section 574c | Further continuation of lease in the case of unforeseen circumstances |
| Subchapter 3 Leases for a definite period of time | |
| Section 575 | Fixed-term lease |
| Section 575a | Termination for cause with the statutory notice period |
| Subchapter 4 Tied dwellings | |
| Section 576 | Periods for notice of termination in the case of tied leased dwellings |
| Section 576a | Special features of the right of objection in the case of tied leased dwellings |
| Section 576b | Application 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 577 | Right of preemption of the lessee |
| Section 577a | Restriction on notice of termination in connection with conversion of the dwelling |
| Subtitle
3 Leases of other things | |
| Section 578 | Leases of plots of land and premises |
| Section 578a | Lease of registered ships |
| Section 579 | Due date of the rent |
| Section 580 | Notice of termination for cause in the case of the death of the lessee |
| Section 580a | Notice periods |
| Subtitle 4 Usufructuary lease | |
| Section 581 | Typical contractual duties in a usufructuary lease |
| Section 582 | Maintenance of inventory |
| Section 582a | Taking over inventory at its estimated value |
| Section 583 | Security right of usufructuary lessee over inventory |
| Section 583a | Restrictions on disposition of inventory |
| Section 584 | Notice period |
| Section 584a | Exclusion of certain rights of termination under landlord and tenant law |
| Section 584b | Late return |
| Subtitle 5 Farm lease | |
| Section 585 | Concept of farm lease |
| Section 585a | Form of a farm lease |
| Section 585b | Description of the leased property |
| Section 586 | Typical contractual duties in a farm lease |
| Section 586a | Encumbrances on the leased property |
| Section 587 | Due date of rent; payment of rent where the usufructuary lessee is personally prevented |
| Section 588 | Measures of maintenance or improvement |
| Section 589 | Surrender of use to third parties |
| Section 590 | Change of agricultural purpose or of previous use |
| Section 590a | Use in breach of contract |
| Section 590b | Necessary outlays |
| Section 591 | Outlays that increase value |
| Section 591a | Removal of installations |
| Section 591b | Limitation of compensation claims |
| Section 592 | Security right of the usufructuary lessor |
| Section 593 | Amendment of farm leases |
| Section 593a | Transfer of a business |
| Section 593b | Disposal or encumbrance of the leased property |
| Section 594 | Termination and extension of the lease |
| Section 594a | Notice periods |
| Section 594b | Lease for more than thirty years |
| Section 594c | Termination in the case of occupational disability of the usufructuary lessee |
| Section 594d | Death of the usufructuary lessee |
| Section 594e | Termination for cause without notice for a compelling reason |
| Section 594f | Written form of termination |
| Section 595 | Continuation of the lease |
| Section 595a | Early notice of termination of farm leases |
| Section 596 | Return of the leased property |
| Section 596a | Duty to compensate for early termination of lease |
| Section 596b | Duty to leave behind |
| Section 597 | Late return |
| Title 6 Gratuitous loan | |
| Section 598 | Typical contractual duties in the case of a gratuitous loan |
| Section 599 | Liability of the lender |
| Section 600 | Liability for defects |
| Section 601 | Reimbursement of outlays |
| Section 602 | Wear and tear on the thing |
| Section 603 | Use in conformity with the contract |
| Section 604 | Duty to return |
| Section 605 | Right of termination |
| Section 606 | Short limitation period |
| Title 7 Contract for the loan of a thing | |
| Section 607 | Typical contractual duties in a contract for the loan of a thing |
| Section 608 | Termination |
| Section 609 | Payment |
| Section 610 | (repealed) |
| Title 8 Service contract | |
| Section 611 | Typical contractual duties in a service contract |
| Section 612 | Remuneration |
| Section 612a | Prohibition of victimisation |
| Section 613 | Non-transferability |
| Section 613a | Rights and duties in the case of transfer of business |
| Section 614 | Due date of remuneration |
| Section 615 | Remuneration in the case of default in acceptance and business risk |
| Section 616 | Temporary prevention from performing services |
| Section 617 | Duty of medical care |
| Section 618 | Duty to undertake protective measures |
| Section 619 | Absolute nature of welfare duties |
| Section 619a | Burden of proof when the employee is liable |
| Section 620 | Termination of services relationship |
| Section 621 | Notice periods for service relationships |
| Section 622 | Notice periods in the case of employment relationships |
| Section 623 | Written form of termination |
| Section 624 | Notice period in the case of contracts lasting more than five years |
| Section 625 | Tacit extension |
| Section 626 | Termination without notice for a compelling reason |
| Section 627 | Termination without notice in the case of a position of trust |
| Section 628 | Partial remuneration and damages in case of termination without notice |
| Section 629 | Time off for search for employment |
| Section 630 | Duty to provide a reference |
| Title 9 Contract to produce a work and similar contracts | |
| Subtitle 1 Contract to produce a work | |
| Section 631 | Typical contractual duties in a contract to produce a work |
| Section 632 | Remuneration |
| Section 632a | Part payments |
| Section 633 | Material defects and legal defects |
| Section 634 | Rights of the customer in the case of defects |
| Section 634a | Limitation of claims for defects |
| Section 635 | Cure |
| Section 636 | Special provisions on withdrawal and damages |
| Section 637 | Self-help |
| Section 638 | Reduction of price |
| Section 639 | Exclusion of liability |
| Section 640 | Acceptance |
| Section 641 | Due date of remuneration |
| Section 641a | (repealed) |
| Section 642 | Collaboration by the customer |
| Section 643 | Termination for failure to collaborate |
| Section 644 | Allocation of risk |
| Section 645 | Responsibility of the customer |
| Section 646 | Completion in lieu of acceptance |
| Section 647 | Security right of the contractor |
| Section 648 | Mortgage of a building contractor |
| Section 648a | Builder's security |
| Section 649 | Right of termination of the customer |
| Section 650 | Cost estimate |
| Section 651 | Application of sale of goods law |
| Subtitle 2 Package travel contract | |
| Section 651a | Typical contractual duties in a package travel contract |
| Section 651b | Transfer of contract |
| Section 651c | Relief |
| Section 651d | Reduction of price |
| Section 651e | Termination for defect |
| Section 651f | Damages |
| Section 651g | Cut-off period; limitation |
| Section 651h | Admissible limitation of liability |
| Section 651i | Withdrawal prior to commencement of travel |
| Section 651j | Termination due to force majeure |
| Section 651k | Guarantee; payment |
| Section 651l | Exchange student stays |
| Section 651m | Deviating agreements |
| Title 10 Brokerage contract | |
| Subtitle 1 General provisions | |
| Section 652 | Accrual of fee claim |
| Section 653 | Brokerage fee |
| Section 654 | Forfeiture of the fee claim |
| Section 655 | Reduction of the brokerage fee |
| Subtitle 2 Loan brokerage contract between an entrepreneur and a consumer | |
| Section 655a | Loan brokerage contract |
| Section 655b | Written form |
| Section 655c | Remuneration |
| Section 655d | Ancillary payment |
| Section 655e | Deviating agreements, application to founders of new businesses |
| Subtitle 3 Marriage broking | |
| Section 656 | Marriage broking |
| Title 11 Promise of a reward | |
| Section 657 | Binding promise |
| Section 658 | Revocation |
| Section 659 | Act undertaken more than once |
| Section 660 | Collaboration by more than one person |
| Section 661 | Prize competition |
| Section 661a | Promises of prizes |
| Title 12 Mandate and contract for the management of the affairs of another | |
| Subtitle 1 Mandate | |
| Section 662 | Typical contractual duties in a mandate |
| Section 663 | Duty to notify when rejecting |
| Section 664 | Non-transferability; liability for assistants |
| Section 665 | Deviation from instructions |
| Section 666 | Duty of information and duty to render account |
| Section 667 | Duty to return |
| Section 668 | Interest on money spent |
| Section 669 | Duty of advance payment |
| Section 670 | Reimbursement of expenses |
| Section 671 | Revocation; termination |
| Section 672 | Death or incapacity to contract of the mandator |
| Section 673 | Death of the mandatary |
| Section 674 | Legal fiction of continuation |
| Subtitle 2 Contract for the management of the affairs of another | |
| Chapter 1 General provisions | |
| Section 675 | Nongratuitous management of the affairs of another |
| Section 675a | Duties to provide information |
| Section 676 | Termination of transfer contracts |
| Chapter
2 Bank transfer contract | |
| Section 676a | Typical contractual duties; notice of termination |
| Section 676b | Liability for late execution; money-back guarantee |
| Section 676c | No-fault liability; other claims |
| Chapter
3 Interbank payment contract | |
| Section 676d | Typical contractual duties in an interbank payment contract |
| Section 676e | Equalisation claims |
| Chapter 4 Current account contract | |
| Section 676f | Typical contractual duties in a current account contract |
| Section 676g | Credit claim of the customer |
| Section 676h | Abuse of payment cards |
| Title 13 Agency without specific authorisation | |
| Section 677 | Duties of the voluntary agent |
| Section 678 | Agency contrary to the will of the principal |
| Section 679 | Irrelevance of the contrary will of the principal |
| Section 680 | Agency to ward off danger |
| Section 681 | Ancillary duties of the voluntary agent |
| Section 682 | Lack of capacity to contract on the part of the voluntary agent |
| Section 683 | Reimbursement of expenses |
| Section 684 | Return of enrichment |
| Section 685 | Intention to donate |
| Section 686 | Error as to the identity of the principal |
| Section 687 | False agency without specific authorisation |
| Title
14 Safekeeping | |
| Section 688 | Typical contractual duties in safekeeping |
| Section 689 | Remuneration |
| Section 690 | Liability for gratuitous safekeeping |
| Section 691 | Deposit with third parties |
| Section 692 | Change of safekeeping |
| Section 693 | Reimbursement of expenses |
| Section 694 | Liability in damages of the depositor |
| Section 695 | Right of the depositor to demand return |
| Section 696 | Claim of depositary for repossession of the thing deposited |
| Section 697 | Place for return |
| Section 698 | Interest on money spent |
| Section 699 | Due date of remuneration |
| Section 700 | Irregular safekeeping contract |
| Title 15 Bringing things onto the premises of innkeepers | |
| Section 701 | Liability of the innkeeper |
| Section 702 | Limitation of liability; valuables |
| Section 702a | Release from liability |
| Section 703 | Extinction of the claim for damages |
| Section 704 | Security right of the innkeeper |
| Title 16 Partnership | |
| Section 705 | Contents of partnership agreement |
| Section 706 | Contributions of the partners |
| Section 707 | Increase of the agreed contribution |
| Section 708 | Liability of the partners |
| Section 709 | Joint management |
| Section 710 | Transfer of management |
| Section 711 | Right to object |
| Section 712 | Withdrawal and dismissal of management |
| Section 713 | Rights and duties of managing partners |
| Section 714 | Power of agency |
| Section 715 | Withdrawal of the power of agency |
| Section 716 | Right of control of the partners |
| Section 717 | Non-transferability of partner rights |
| Section 718 | Partnership assets |
| Section 719 | Joint property |
| Section 720 | Protection of good faith debtor |
| Section 721 | Distribution of profits and losses |
| Section 722 | Shares in profit and loss |
| Section 723 | Termination by partner |
| Section 724 | Notice of termination in the case of a partnership for life or a continuing partnership |
| Section 725 | Termination by attachment creditors |
| Section 726 | Dissolution due to achievement or impossibility of its object |
| Section 727 | Dissolution due to the death of a partner |
| Section 728 | Dissolution due to insolvency of the partnership or one of its partners |
| Section 729 | Continuation of authority to manage |
| Section 730 | Winding-up of the partnership; management |
| Section 731 | Procedure for winding-up of the partnership |
| Section 732 | Return of objects |
| Section 733 | Discharge of partnership debts; reimbursement of capital contributions |
| Section 734 | Distribution of the surplus |
| Section 735 | Duty to make subsequent contributions in case of loss |
| Section 736 | Retirement of a partner; continuing liability |
| Section 737 | Exclusion of a partner |
| Section 738 | Winding-up of the partnership on retirement |
| Section 739 | Liability for deficit |
| Section 740 | Sharing in the financial results of transactions in progress |
| Title 17 Co-ownership | |
| Section 741 | Co-ownership by defined shares |
| Section 742 | Equal shares |
| Section 743 | Share in the fruits; authority to use |
| Section 744 | Joint administration |
| Section 745 | Administration and use by resolution |
| Section 746 | Effect in relation to successors in interest |
| Section 747 | Disposal of a share and joint objects |
| Section 748 | Bearing of charges and costs |
| Section 749 | Cancellation claim |
| Section 750 | Exclusion of cancellation in case of death |
| Section 751 | Exclusion of cancellation and successors in interest |
| Section 752 | Division in kind |
| Section 753 | Division by sale |
| Section 754 | Sale of joint claims |
| Section 755 | Discharge of a joint debt |
| Section 756 | Discharge of the debt of a part owner |
| Section 757 | Warranty upon allocation to a part owner |
| Section 758 | Right of cancellation not subject to the statute of limitations |
| Title 18 Life annuity | |
| Section 759 | Duration and amount of the annuity |
| Section 760 | Advance payment |
| Section 761 | Form of life annuity commitment |
| Title 19 Imperfect obligations | |
| Section 762 | Gaming, betting |
| Section 763 | Lottery contracts and gaming contracts |
| Section 764 | (repealed) |
| Title 20 Suretyship | |
| Section 765 | Typical contractual duties in suretyship |
| Section 766 | Written form of the declaration of suretyship |
| Section 767 | Extent of the suretyship debt |
| Section 768 | Defences of surety |
| Section 769 | Co-suretyship |
| Section 770 | Defences of voidability and set-off |
| Section 771 | Defence of unexhausted remedies |
| Section 772 | Duty of creditor of enforcement and realisation |
| Section 773 | Exclusion of defence of unexhausted remedies |
| Section 774 | Statutory passing of claims |
| Section 775 | Claim to release of the surety |
| Section 776 | Waiver of a security |
| Section 777 | Temporary suretyship |
| Section 778 | Credit mandate |
| Title 21 Settlement | |
| Section 779 | Concept of settlement; mistake as to the basis of the settlement |
| Title 22 Promise to fulfil an obligation; acknowledgement of debt | |
| Section 780 | Promise to fulfil an obligation |
| Section 781 | Acknowledgement of a debt |
| Section 782 | No formal requirements for settlement |
| Title 23 Order | |
| Section 783 | Rights derived from an order |
| Section 784 | Acceptance of the order |
| Section 785 | Delivery of the order |
| Section 786 | (repealed) |
| Section 787 | Order to assume debt |
| Section 788 | Underlying debt relationship |
| Section 789 | Duty of payee to notify |
| Section 790 | Revocation of the order |
| Section 791 | Death or incapacity to contract of a participant |
| Section 792 | Transfer of the order |
| Title 24 Bearer bond | |
| Section 793 | Rights under a bearer bond |
| Section 794 | Liability of the issuer |
| Section 795 | (repealed) |
| Section 796 | Objections of the issuer |
| Section 797 | Duty to pay only in return for delivery |
| Section 798 | Replacement document |
| Section 799 | Declaration of invalidity |
| Section 800 | Effect of the declaration of invalidity |
| Section 801 | Extinction; limitation |
| Section 802 | Stoppage of payment |
| Section 803 | Interest coupons |
| Section 804 | Loss of interest coupons or similar coupons |
| Section 805 | New interest coupons and annuity coupons |
| Section 806 | Reregistration under name |
| Section 807 | Bearer tickets and stamps |
| Section 808 | Registered securities with bearer clause |
| Title 25 Presentation of things | |
| Section 809 | Inspection of a thing |
| Section 810 | Right to inspect documents |
| Section 811 | Place of presentation, risk and costs |
| Title 26 Unjust enrichment | |
| Section 812 | Claim for restitution |
| Section 813 | Performance notwithstanding defence |
| Section 814 | Knowledge that debt is not owed |
| Section 815 | Non-occurrence of result |
| Section 816 | Disposition by an unauthorised person |
| Section 817 | Breach of law or public policy |
| Section 818 | Scope of the claim to enrichment |
| Section 819 | Increased liability in case of knowledge and breaches of law or public policy |
| Section 820 | Increased liability where the result is uncertain |
| Section 821 | Enrichment defence |
| Section 822 | Restitution duty of third parties |
| Title 27 Torts | |
| Section 823 | Liability in damages |
| Section 824 | Endangering credit |
| Section 825 | Inducing others to sexual acts |
| Section 826 | Intentional damage contrary to public policy |
| Section 827 | Exclusion and reduction of responsibility |
| Section 828 | Minors |
| Section 829 | Liability in damages for reasons of equity |
| Section 830 | Joint tortfeasors and persons involved |
| Section 831 | Liability for vicarious agents |
| Section 832 | Liability of a person with a duty of supervision |
| Section 833 | Liability of animal keeper |
| Section 834 | Liability of animal minder |
| Section 835 | (repealed) |
| Section 836 | Liability of the owner of a plot of land |
| Section 837 | Liability of building possessor |
| Section 838 | Liability of the person with a duty of maintenance of a building |
| Section 839 | Liability in case of breach of official duty |
| Section 839a | Liability of court-appointed expert |
| Section 840 | Liability of more than one person |
| Section 841 | Compensation for liability of a public official |
| Section 842 | Extent of liability in damages when a person is injured |
| Section 843 | Annuity in money or lump sum settlement |
| Section 844 | Third-party compensation claims in the case of death |
| Section 845 | Compensation claims for lost services |
| Section 846 | Contributory negligence of the injured person |
| Section 847 | (repealed) |
| Section 848 | Liability for chance in connection with deprivation of a thing |
| Section 849 | Interest on the compensation sum |
| Section 850 | Reimbursement of outlays |
| Section 851 | Compensation payment to unauthorised parties |
| Section 852 | Claim for restitution after end of limitation period |
| Section 853 | Defence of bad faith |
| Book 3 Law of Property | |
| Division 1 Possession | |
| Section 854 | Acquisition of possession |
| Section 855 | Agent in possession |
| Section 856 | Ending of possession |
| Section 857 | Inheritability |
| Section 858 | Unlawful interference with possession |
| Section 859 | Self-help by the possessor |
| Section 860 | Self-help by the agent in possession |
| Section 861 | Claim on account of deprivation of possession |
| Section 862 | Claim on account of interference with possession |
| Section 863 | Objections of the remover or disturber |
| Section 864 | Extinction of claims to possession |
| Section 865 | Part possession |
| Section 866 | Co-possession |
| Section 867 | Right of pursuit of the possessor |
| Section 868 | Indirect possession |
| Section 869 | Claims of the indirect possessor |
| Section 870 | Transfer of indirect possession |
| Section 871 | Multilevel indirect possession |
| Section 872 | Proprietary possession |
| Division 2 General provisions on rights in land | |
| Section 873 | Acquisition by agreement and registration |
| Section 874 | Reference to approval of registration |
| Section 875 | Cancellation of a right |
| Section 876 | Cancellation of an encumbered right |
| Section 877 | Alterations of rights |
| Section 878 | Subsequent restrictions on disposition |
| Section 879 | Order of priority of more than one right |
| Section 880 | Change of priority |
| Section 881 | Reservation of priority |
| Section 882 | Maximum amount of compensation for lost value |
| Section 883 | Requirements and effect of priority notice |
| Section 884 | Effect in relation to heirs |
| Section 885 | Requirement for the registration of the priority notice |
| Section 886 | Claim for removal |
| Section 887 | Public notice of the priority notice claimant |
| Section 888 | Claim to approval of the person entitled to the priority notice |
| Section 889 | Exclusion of merger for real rights |
| Section 890 | Union of plots of land; addition |
| Section 891 | Statutory presumption |
| Section 892 | Presumption of the accuracy of the contents of the Land Register |
| Section 893 | Legal transaction with the person registered |
| Section 894 | Correction of the Land Register |
| Section 895 | Prior registration of the person obliged |
| Section 896 | Submission of certificate |
| Section 897 | Costs of correction |
| Section 898 | Claims to correction not subject to the statute of limitations |
| Section 899 | Registration of an objection |
| Section 899a | Provisos for civil-law partnerships |
| Section 900 | Acquisition by prescription following registration |
| Section 901 | Extinction of unregistered rights |
| Section 902 | Registered rights not subject to the statute of limitations |
| Division 3 Ownership | |
| Title 1 Subject matter of ownership | |
| Section 903 | Powers of the owner |
| Section 904 | Necessity |
| Section 905 | Restriction of ownership |
| Section 906 | Introduction of imponderable substances |
| Section 907 | Facilities threatening danger |
| Section 908 | Imminent collapse of building |
| Section 909 | Excavation |
| Section 910 | Overhang |
| Section 911 | Falling fruit |
| Section 912 | Encroachment; duty to tolerate |
| Section 913 | Payment of periodical payments for encroachment |
| Section 914 | Priority, registration and extinction of periodical payments |
| Section 915 | Purchase |
| Section 916 | Adverse effect on heritable building right or servitude |
| Section 917 | Right of way of necessity |
| Section 918 | Exclusion of the right of way of necessity |
| Section 919 | Boundary marking |
| Section 920 | Confusion of boundaries |
| Section 921 | Joint use of boundary installations |
| Section 922 | Manner of use and maintenance |
| Section 923 | Boundary tree |
| Section 924 | Neighbour-law claims not subject to the statute of limitations |
| Title 2 Acquisition and loss of ownership of plots of land | |
| Section 925 | Declaration of conveyance |
| Section 925a | Document of land transaction |
| Section 926 | Accessories of the plot of land |
| Section 927 | Public notice procedure |
| Section 928 | Relinquishment of ownership, appropriation by fiscal authority |
| Title 3 Acquisition and loss of ownership of movable things | |
| Subtitle 1 Transfer | |
| Section 929 | Agreement and delivery |
| Section 929a | Agreement with regard to unregistered ship |
| Section 930 | Constructive delivery |
| Section 931 | Assignment of claim for possession |
| Section 932 | Good faith acquisition from a person not entitled |
| Section 932a | Good faith acquisition of unregistered ships |
| Section 933 | Good faith acquisition on constructive delivery |
| Section 934 | Good faith acquisition on assignment of claim for possession |
| Section 935 | No good faith acquisition of lost property |
| Section 936 | Extinction of third party rights |
| Subtitle
2 Acquisition by prescription | |
| Section 937 | Requirements, exclusion in the case of knowledge |
| Section 938 | Presumption of proprietary possession |
| Section 939 | Suspension of prescription |
| Section 940 | Interruption by loss of possession |
| Section 941 | Interruption by act of execution |
| Section 942 | Effect of interruption |
| Section 943 | Acquisition by prescription and succession in title |
| Section 944 | Possessor of an inheritance |
| Section 945 | Extinction of third party rights |
| Subtitle 3 Combination, intermixture, processing | |
| Section 946 | Combination with a plot of land |
| Section 947 | Combination with movable things |
| Section 948 | Intermixture |
| Section 949 | Extinction of third party rights |
| Section 950 | Processing |
| Section 951 | Compensation for loss of rights |
| Section 952 | Ownership of documents of debt |
| Subtitle 4 Acquisition of products and other components of a thing | |
| Section 953 | Ownership of separated products and components |
| Section 954 | Acquisition by person with real right |
| Section 955 | Acquisition by proprietary possessor in good faith |
| Section 956 | Acquisition by person entitled in personam |
| Section 957 | Permission by the person not entitled |
| Subtitle 5 Appropriation | |
| Section 958 | Acquisition of ownership of ownerless movable things |
| Section 959 | Abandonment of ownership |
| Section 960 | Wild animals |
| Section 961 | Loss of ownership of bee swarms |
| Section 962 | Right of pursuit of the owner |
| Section 963 | Merging of bee swarms |
| Section 964 | Intermixture of bee swarms |
| Subtitle 6 Finding | |
| Section 965 | Duty of the finder to notify |
| Section 966 | Duty of safekeeping |
| Section 967 | Duty to deliver |
| Section 968 | Extent of liability |
| Section 969 | Return to the loser |
| Section 970 | Reimbursement of expenses |
| Section 971 | Finder's reward |
| Section 972 | Right of retention of the finder |
| Section 973 | Acquisition of ownership by the finder |
| Section 974 | Acquisition of ownership after concealment |
| Section 975 | Rights of the finder after delivery |
| Section 976 | Acquisition of ownership by the municipality |
| Section 977 | Claim in enrichment |
| Section 978 | Finding in public authority or transport agency |
| Section 979 | Sale; authorisation to issue an ordinance |
| Section 980 | Public notice of the finding |
| Section 981 | Receipt of the proceeds of auction |
| Section 982 | Provisions for implementation |
| Section 983 | Undeliverable things in the possession of authorities |
| Section 984 | Treasure trove |
| Title 4 Claims arising from ownership | |
| Section 985 | Claim for restitution |
| Section 986 | Objections of the possessor |
| Section 987 | Emoluments after litigation is pending |
| Section 988 | Emoluments of the possessor who makes no payment |
| Section 989 | Damages after litigation is pending |
| Section 990 | Liability of possessor with knowledge |
| Section 991 | Liability of intermediary possessor in the case of indirect possession |
| Section 992 | Liability of the wrongful possessor |
| Section 993 | Liability of the possessor in good faith |
| Section 994 | Necessary outlays |
| Section 995 | Charges |
| Section 996 | Useful outlays |
| Section 997 | Right of removal |
| Section 998 | Farming costs for agricultural plot of land |
| Section 999 | Reimbursement of outlays of predecessor in title |
| Section 1000 | Right of retention of the possessor |
| Section 1001 | Action for reimbursement of outlays |
| Section 1002 | Extinction of the claim for outlays |
| Section 1003 | Right to satisfaction of the possessor |
| Section 1004 | Claim for removal and injunction |
| Section 1005 | Right of pursuit |
| Section 1006 | Presumption of ownership for possessor |
| Section 1007 | Claims of the former possessor, exclusion in the case of knowledge |
| Title 5 Co-ownership | |
| Section 1008 | Co-ownership by fractional shares |
| Section 1009 | Encumbrance in favour of a co-owner |
| Section 1010 | Successor in interest of a co-owner |
| Section 1011 | Claims arising from co-ownership |
| Sections 1012 - 1017 | (repealed) |
| Division 4 Servitudes | |
| Title 1 Easements | |
| Section 1018 | Statutory definition of easement |
| Section 1019 | Benefit of the dominant plot of land |
| Section 1020 | Considerate use |
| Section 1021 | Agreed duty of maintenance |
| Section 1022 | Installations on building structures |
| Section 1023 | Moving the use |
| Section 1024 | Coincidence of more than one right of use |
| Section 1025 | Division of the dominant plot of land |
| Section 1026 | Division of the servient plot of land |
| Section 1027 | Interference with easement |
| Section 1028 | Limitation |
| Section 1029 | Protection of possession of the lawful possessor |
| Title 2 Usufruct | |
| Subtitle
1 Usufruct in things | |
| Section 1030 | Statutory definition of usufruct in things |
| Section 1031 | Application to accessories |
| Section 1032 | Creation of usufruct in movable things |
| Section 1033 | Acquisition by prescription |
| Section 1034 | Determination of the condition |
| Section 1035 | Usufruct in aggregate of things; itemised list |
| Section 1036 | Right of possession; exercise of usufruct |
| Section 1037 | Transformation |
| Section 1038 | Economic plan for forests and mines |
| Section 1039 | Excessive taking of fruits |
| Section 1040 | Treasure |
| Section 1041 | Maintenance of the thing |
| Section 1042 | Duty of notification by the usufructuary |
| Section 1043 | Repair or renovation |
| Section 1044 | Toleration of repairs |
| Section 1045 | Obligation of the usufructuary to insure |
| Section 1046 | Usufruct in an insurance claim |
| Section 1047 | Bearing of charges |
| Section 1048 | Usufruct in plot of land with stock |
| Section 1049 | Reimbursement of outlays |
| Section 1050 | Wear and tear |
| Section 1051 | Provision of security |
| Section 1052 | Judicial management in the absence of security |
| Section 1053 | Application for a prohibitory injunction in the case of unauthorised use |
| Section 1054 | Judicial administration on the basis of breach of duty |
| Section 1055 | Duty of return of the usufructuary |
| Section 1056 | Leases and usufructuary leases at the end of the usufruct |
| Section 1057 | Limitation of compensation claims |
| Section 1058 | Grantor as owner |
| Section 1059 | Non-transferability; permission of exercise |
| Section 1059a | Transferability in the case of legal person or partnership having legal personality |
| Section 1059b | Non-distrainability |
| Section 1059c | Passing or transfer of usufruct |
| Section 1059d | Leases and usufructuary leases on the transfer of the usufruct |
| Section 1059e | Claim to grant of the usufruct |
| Section 1060 | Coincidence of more than one right of use |
| Section 1061 | Death of the usufructuary |
| Section 1062 | Extension of termination to accessories |
| Section 1063 | Coincidence with ownership |
| Section 1064 | Termination of usufruct in movable things |
| Section 1065 | Adverse effect on right of usufruct |
| Section 1066 | Usufruct in the share of a co-owner |
| Section 1067 | Usufruct in consumable things |
| Subtitle 2 Usufruct in rights | |
| Section 1068 | Statutory definition of usufruct in rights |
| Section 1069 | Creation |
| Section 1070 | Usufruct in a right to performance |
| Section 1071 | Termination or alteration of the encumbered right |
| Section 1072 | Termination of usufruct |
| Section 1073 | Usufruct in a life annuity |
| Section 1074 | Usufruct in a claim; notice and collection |
| Section 1075 | Effect of performance |
| Section 1076 | Usufruct in claim bearing interest |
| Section 1077 | Notice and payment |
| Section 1078 | Cooperation in collection |
| Section 1079 | Investment of the capital |
| Section 1080 | Usufruct in a land charge or annuity land charge |
| Section 1081 | Usufruct in bearer instruments or instruments made out to order |
| Section 1082 | Deposit |
| Section 1083 | Cooperation in collection |
| Section 1084 | Consumable things |
| Subtitle 3 Usufruct in property | |
| Section 1085 | Creation of usufruct in property |
| Section 1086 | Rights of the creditors of the grantor |
| Section 1087 | Relationship between usufructuary and grantor |
| Section 1088 | Liability of the usufructuary |
| Section 1089 | Usufruct in an inheritance |
| Title 3 Restricted personal easements | |
| Section 1090 | Statutory definition of the restricted personal easement |
| Section 1091 | Scope |
| Section 1092 | Non-transferability; permission of exercise |
| Section 1093 | Right of residence |
| Division 5 Right of preemption | |
| Section 1094 | Statutory contents of the real right of preemption |
| Section 1095 | Encumbrance of a fraction |
| Section 1096 | Application to accessories |
| Section 1097 | Creation for one or more cases of sale |
| Section 1098 | Effect of a right of preemption |
| Section 1099 | Notifications |
| Section 1100 | Rights of the purchaser |
| Section 1101 | Release of the person entitled |
| Section 1102 | Release of the purchaser |
| Section 1103 | Real and personal right of preemption |
| Section 1104 | Exclusion of unknown entitled persons |
| Division 6 Charges on land | |
| Section 1105 | Statutory contents of the charge on land |
| Section 1106 | Encumbrance of a fraction |
| Section 1107 | Individual payments |
| Section 1108 | Personal liability of the owner |
| Section 1109 | Division of the dominant plot of land |
| Section 1110 | Real charge on land |
| Section 1111 | Personal charge on land |
| Section 1112 | Exclusion of unknown entitled persons |
| Division 7 Mortgage, land charge, annuity land charge | |
| Title 1 Mortgage | |
| Section 1113 | Statutory contents of the mortgage |
| Section 1114 | Encumbrance of a fraction |
| Section 1115 | Registration of the mortgage |
| Section 1116 | Certificated and uncertificated mortgage |
| Section 1117 | Acquisition of the certificated mortgage |
| Section 1118 | Liability for incidental claims |
| Section 1119 | Extension of liability for interest |
| Section 1120 | Extension to products, parts and accessories |
| Section 1121 | Release from liability through disposal and removal |
| Section 1122 | Release from liability without disposal |
| Section 1123 | Extension to claim for rent or for usufructuary rent |
| Section 1124 | Advance disposition of the rent or usufructuary rent |
| Section 1125 | Set-off against rent or usufructuary rent |
| Section 1126 | Extension to recurring acts of performance |
| Section 1127 | Extension to insurance claim |
| Section 1128 | Insurance on buildings |
| Section 1129 | Other insurance against damage |
| Section 1130 | Replacement clause |
| Section 1131 | Addition of a plot of land |
| Section 1132 | Blanket mortgage |
| Section 1133 | Danger to the security of the mortgage |
| Section 1134 | Application for an injunction |
| Section 1135 | Deterioration of accessories |
| Section 1136 | Restraint on disposition by legal transaction |
| Section 1137 | Defences of the owner |
| Section 1138 | Presumption of the accuracy of the contents of the Land Register |
| Section 1139 | Objection with regard to an uncertificated mortgage for a loan |
| Section 1140 | Mortgage certificate and inaccuracy of the Land Register |
| Section 1141 | Notice of termination of the mortgage |
| Section 1142 | Owner's right of satisfaction |
| Section 1143 | Passing of claim |
| Section 1144 | Delivery of documents |
| Section 1145 | Partial satisfaction |
| Section 1146 | Default interest |
| Section 1147 | Satisfaction by execution |
| Section 1148 | Fiction of ownership |
| Section 1149 | Prohibited agreements on satisfaction |
| Section 1150 | Right of redemption of third parties |
| Section 1151 | Change of priority for partial mortgages |
| Section 1152 | Partial mortgage certificate |
| Section 1153 | Transfer of mortgage and claim |
| Section 1154 | Assignment of the claim |
| Section 1155 | Presumption of the accuracy of certified declarations of assignment |
| Section 1156 | Legal relationship between the owner and the new creditor |
| Section 1157 | Continuation of defences to the mortgage |
| Section 1158 | Future supplementary payments |
| Section 1159 | Arrears of supplementary payments |
| Section 1160 | Enforcement of a certificated mortgage |
| Section 1161 | Enforcement of the claim |
| Section 1162 | Public notice with regard to the mortgage certificate |
| Section 1163 | Owner mortgage |
| Section 1164 | Passing of the mortgage to the debtor |
| Section 1165 | Discharge of the debtor |
| Section 1166 | Notification of the debtor |
| Section 1167 | Delivery of correction documents |
| Section 1168 | Waiver of the mortgage |
| Section 1169 | Defence with a negative effect on a right |
| Section 1170 | Exclusion of unknown creditors |
| Section 1171 | Exclusion by deposit |
| Section 1172 | Owner blanket mortgage |
| Section 1173 | Satisfaction by one of the owners |
| Section 1174 | Satisfaction by the personal debtor |
| Section 1175 | Waiver of the blanket mortgage |
| Section 1176 | Owner partial mortgage; conflict clause |
| Section 1177 | Owner land charge, owner mortgage |
| Section 1178 | Mortgage for supplementary payments and costs |
| Section 1179 | Priority notice of right to deletion |
| Section 1179a | Claim for deletion in the case of third party rights |
| Section 1179b | Claim for deletion based on one's own right |
| Section 1180 | Substitution for the claim |
| Section 1181 | Extinction by satisfaction from the plot of land |
| Section 1182 | Transfer in the case of satisfaction from the blanket mortgage |
| Section 1183 | Cancellation of the mortgage |
| Section 1184 | Debt-securing mortgage |
| Section 1185 | Uncertificated mortgage; inapplicable provisions |
| Section 1186 | Permitted conversions |
| Section 1187 | Debt-securing mortgage for bearer instruments and instruments made out to order |
| Section 1188 | Special provision for bearer bonds |
| Section 1189 | Appointment of a Land Register representative |
| Section 1190 | Maximum amount mortgage |
| Title 2 Land charge, annuity land charge | |
| Subtitle 1 Land charge | |
| Section 1191 | Statutory contents of the land charge |
| Section 1192 | Applicable provisions |
| Section 1193 | Termination |
| Section 1194 | Place of payment |
| Section 1195 | Bearer land charge |
| Section 1196 | Owner land charge |
| Section 1197 | Deviations from third party land charge |
| Section 1198 | Permitted conversions |
| Subtitle 2 Annuity land charge | |
| Section 1199 | Statutory contents of the annuity land charge |
| Section 1200 | Applicable provisions |
| Section 1201 | Right of redemption |
| Section 1202 | Termination |
| Section 1203 | Permitted conversions |
| Division 8 Pledge of movable things and over rights | |
| Title 1 Pledge of movable things | |
| Section 1204 | Statutory contents of the pledge of movable things |
| Section 1205 | Creation |
| Section 1206 | Replacement of delivery by granting joint possession |
| Section 1207 | Pledging by an unauthorised person |
| Section 1208 | Acquisition of priority of rank in good faith |
| Section 1209 | Priority of the pledge |
| Section 1210 | Extent of liability of the pledge |
| Section 1211 | Defences of the pledgor |
| Section 1212 | Extension to separated products |
| Section 1213 | Pledge of emoluments |
| Section 1214 | Duties of the pledgee entitled to emoluments |
| Section 1215 | Duty of safekeeping |
| Section 1216 | Reimbursement of outlays |
| Section 1217 | Violation of rights by the pledgee |
| Section 1218 | Rights of the pledgor in the case of imminent spoilage |
| Section 1219 | Rights of the pledgee in the case of imminent spoilage |
| Section 1220 | Warning of auction |
| Section 1221 | Sale by private agreement |
| Section 1222 | Pledge of more than one thing |
| Section 1223 | Duty to return the pledged item; right to redeem the pledged item |
| Section 1224 | Satisfaction by deposit or set-off |
| Section 1225 | Passing of claim to the pledgor |
| Section 1226 | Limitation of compensation claims |
| Section 1227 | Protection of the pledge |
| Section 1228 | Satisfaction by sale of the pledged item |
| Section 1229 | Prohibition of a forfeiture agreement |
| Section 1230 | Selection of pledged item from more than one pledged item |
| Section 1231 | Surrender of pledged item for sale |
| Section 1232 | Lower-ranking pledgees |
| Section 1233 | Execution of the sale |
| Section 1234 | Warning of sale; waiting period |
| Section 1235 | Public auction |
| Section 1236 | Place of auction |
| Section 1237 | Public notice |
| Section 1238 | Conditions of sale |
| Section 1239 | Bidding by creditor and owner |
| Section 1240 | Things made of gold or silver |
| Section 1241 | Notification of the owner |
| Section 1242 | Effects of the legal sale |
| Section 1243 | Unlawful sale |
| Section 1244 | Acquisition in good faith |
| Section 1245 | Deviating agreements |
| Section 1246 | Deviation for reasons of equity |
| Section 1247 | Proceeds of the pledged item |
| Section 1248 | Presumption of ownership |
| Section 1249 | Right of redemption |
| Section 1250 | Transfer of claim |
| Section 1251 | Effect of the passing of the pledge |
| Section 1252 | Extinction with the claim |
| Section 1253 | Extinction by return |
| Section 1254 | Claim for return |
| Section 1255 | Cancellation of the pledge |
| Section 1256 | Coincidence of pledge and ownership |
| Section 1257 | Pledge by operation of law |
| Section 1258 | Pledge of the share of a co-owner |
| Section 1259 | Realisation of a commercial pledged item |
| Sections 1260 - 1272 | (repealed) |
| Title 2 Pledge of rights | |
| Section 1273 | Statutory contents of the pledge of rights |
| Section 1274 | Creation |
| Section 1275 | Pledge of right to performance |
| Section 1276 | Cancellation or alteration of the pledged right |
| Section 1277 | Satisfaction by execution |
| Section 1278 | Extinction by return |
| Section 1279 | Pledge of a claim |
| Section 1280 | Notification of the debtor |
| Section 1281 | Performance before the due date |
| Section 1282 | Performance after the due date |
| Section 1283 | Termination |
| Section 1284 | Deviating agreements |
| Section 1285 | Cooperation in collection |
| Section 1286 | Duty of termination in the case of danger |
| Section 1287 | Effect of performance |
| Section 1288 | Investment of collected money |
| Section 1289 | Extension to the interest |
| Section 1290 | Collection in the case of multiple pledges |
| Section 1291 | Pledge of land charge or annuity land charge |
| Section 1292 | Pledging of instruments made out to order |
| Section 1293 | Pledge of bearer instruments |
| Section 1294 | Collection and notice of termination |
| Section 1295 | Private sale of instruments made out to order |
| Section 1296 | Extension to interest coupons |
| Book
4 Family Law | |
| Division 1 Civil marriage | |
| Title 1 Engagement | |
| Section 1297 | Non-actionability, nullity of a promise to pay a penalty |
| Section 1298 | Duty of compensation in the case of withdrawal |
| Section 1299 | Withdrawal by reason of fault of the other party |
| Section 1300 | (repealed) |
| Section 1301 | Return of the presents |
| Section 1302 | Limitation |
| Title 2 Entering into marriage | |
| Subtitle 1 Capacity to marry | |
| Section 1303 | Marriageable age |
| Section 1304 | Incapacity to contract |
| Section 1305 | (repealed) |
| Subtitle 2 Impediments to marriage | |
| Section 1306 | Existing marriage or civil partnership |
| Section 1307 | Relationship by blood |
| Section 1308 | Adoption |
| Subtitle 3 Certificate of no impediment | |
| Section 1309 | Certificate of no impediment for foreigners |
| Subtitle
4 Marriage | |
| Section 1310 | Jurisdiction of the registrar of births, deaths and marriages, curing defective marriages |
| Section 1311 | Personal declaration |
| Section 1312 | Marriage ceremony |
| Title 3 Annulment of marriage | |
| Section 1313 | Annulment by judicial decision |
| Section 1314 | Grounds of annulment |
| Section 1315 | Exclusion of annulment |
| Section 1316 | Entitlement to petition |
| Section 1317 | Period for filing petition |
| Section 1318 | Consequences of annulment |
| Title 4 Remarriage after declaration of death | |
| Section 1319 | Annulment of the previous marriage |
| Section 1320 | Annulment of the new marriage |
| Sections 1321 - 1352 | (repealed) |
| Title 5 Effects of marriage in general | |
| Section 1353 | Conjugal community |
| Section 1354 | (repealed) |
| Section 1355 | Family name |
| Section 1356 | Household management, gainful employment |
| Section 1357 | Transactions to provide the necessities of life |
| Section 1358 | (repealed) |
| Section 1359 | Scope of duty of care |
| Section 1360 | Duty of family maintenance |
| Section 1360a | Scope of the obligation to maintain |
| Section 1360b | Overpayment |
| Section 1361 | Maintenance when spouses are living apart |
| Section 1361a | Allocation of household effects when spouses are living apart |
| Section 1361b | Matrimonial home when spouses are living apart |
| Section 1362 | Presumption of ownership |
| Title 6 Matrimonial property regime | |
| Subtitle 1 Statutory property regime | |
| Section 1363 | Community of accrued gains |
| Section 1364 | Management of property |
| Section 1365 | Disposition of property as a whole |
| Section 1366 | Ratification of contracts |
| Section 1367 | Unilateral legal transactions |
| Section 1368 | Asserting the ineffectiveness |
| Section 1369 | Dispositions of household objects |
| Section 1370 | Replacement of household objects |
| Section 1371 | Equalisation of accrued gains in the case of death |
| Section 1372 | Equalisation of accrued gains in other cases |
| Section 1373 | Accrued gains |
| Section 1374 | Initial assets |
| Section 1375 | Final assets |
| Section 1376 | Ascertainment of the value of the initial and final assets |
| Section 1377 | List of initial assets |
| Section 1378 | Equalisation claim |
| Section 1379 | Duty of information |
| Section 1380 | Set-off of advancements |
| Section 1381 | Refusal of satisfaction for gross inequity |
| Section 1382 | Deferment |
| Section 1383 | Transfer of assets |
| Section 1384 | Date of calculation in the case of divorce |
| Section 1385 | Premature equalisation of accrued gains when spouses are living apart |
| Section 1386 | Premature equalisation of accrued gains in other cases |
| Section 1387 | Date of calculation in the case of premature equalisation |
| Section 1388 | Occurrence of separation of property |
| Section 1389 | Provision of security |
| Section 1390 | Claims against third parties of the person entitled to equalisation |
| Sections 1391 - 1407 | (repealed) |
| Subtitle
2 Contractual property regime | |
| Chapter
1 General provisions | |
| Section 1408 | Marriage contract, freedom of contract |
| Section 1409 | Restriction of freedom of contract |
| Section 1410 | Form |
| Section 1411 | Marriage contracts of persons with restricted capacity to contract or incapable of contracting |
| Section 1412 | Effect in relation to third parties |
| Section 1413 | Revocation of permission to manage assets |
| Chapter
2 Separation of property | |
| Section 1414 | Commencement of separation of property |
| Chapter 3 Community of property | |
| Subchapter 1 General provisions | |
| Section 1415 | Agreement by marriage contract |
| Section 1416 | Marital property |
| Section 1417 | Separate property |
| Section 1418 | Reserved property |
| Section 1419 | Joint ownership |
| Section 1420 | Use for maintenance |
| Section 1421 | Management of the marital property |
| Subchapter
2 Management of the marital property by the husband or the wife | |
| Section 1422 | Subject matter of right of management |
| Section 1423 | Disposition of the marital property as a whole |
| Section 1424 | Disposition of plots of land, ships or ships under construction |
| Section 1425 | Donations |
| Section 1426 | Substitution of the approval of the other spouse |
| Section 1427 | Legal consequences of lack of consent |
| Section 1428 | Dispositions without approval |
| Section 1429 | Emergency right of management |
| Section 1430 | Substitution of the approval of the managing spouse |
| Section 1431 | Independent trade or business |
| Section 1432 | Acceptance of an inheritance; refusal of offer to enter into contract or of donation |
| Section 1433 | Continuation of a legal dispute |
| Section 1434 | Unjust enrichment of the marital property |
| Section 1435 | Duties of the managing spouse |
| Section 1436 | Managing spouse under guardianship or custodianship |
| Section 1437 | Obligations of the marital property; personal liability |
| Section 1438 | Liability of the marital property |
| Section 1439 | No liability on acquisition of an inheritance |
| Section 1440 | Liability for reserved or separate property |
| Section 1441 | Liability as between the spouses |
| Section 1442 | Obligations of the separate property and of a trade or business |
| Section 1443 | Costs of litigation |
| Section 1444 | Costs of the advancement of a child |
| Section 1445 | Equalisation between reserved property, separate property and marital property |
| Section 1446 | Due date of the equalisation claim |
| Section 1447 | Action of the non-managing spouse for termination |
| Section 1448 | Action of the managing spouse for termination |
| Section 1449 | Effect of the judicial termination decision |
| Subchapter 3 Joint management of the marital property by the spouses | |
| Section 1450 | Joint management by the spouses |
| Section 1451 | Duty of both spouses to cooperate |
| Section 1452 | Substitution of approval |
| Section 1453 | Disposition without consent |
| Section 1454 | Emergency right of management |
| Section 1455 | Acts of management without the cooperation of the other spouse |
| Section 1456 | Independent trade or business |
| Section 1457 | Unjust enrichment of the marital property |
| Section 1458 | Guardianship of a spouse |
| Section 1459 | Obligations of the marital property; personal liability |
| Section 1460 | Liability of the marital property |
| Section 1461 | No liability on acquisition of an inheritance |
| Section 1462 | Liability for reserved or separate property |
| Section 1463 | Liability as between the spouses |
| Section 1464 | Obligations of the separate property and of a trade or business |
| Section 1465 | Costs of litigation |
| Section 1466 | Costs of the advancement of a child that is not a child of the spouses |
| Section 1467 | Equalisation between reserved property, separate property and marital property |
| Section 1468 | Due date of the equalisation claim |
| Section 1469 | Action for termination |
| Section 1470 | Effect of the judicial termination decision |
| Subchapter
4 Partitioning of the marital property | |
| Section 1471 | Beginning of the partitioning |
| Section 1472 | Joint management of the marital property |
| Section 1473 | Direct substitution |
| Section 1474 | Implementation of the partitioning |
| Section 1475 | Discharge of the marital property obligations |
| Section 1476 | Division of the surplus |
| Section 1477 | Implementation of the division |
| Section 1478 | Partitioning after divorce |
| Section 1479 | Partitioning after judicial termination decision |
| Section 1480 | Liability to third parties after the division |
| Section 1481 | Liability of the spouses to each other |
| Section 1482 | Dissolution of marriage by death |
| Subchapter 5 Continued community of property | |
| Section 1483 | Occurrence of continued community of property |
| Section 1484 | Refusal of continued community of property |
| Section 1485 | Marital property |
| Section 1486 | Reserved property; separate property |
| Section 1487 | Legal position of the spouse and the descendants |
| Section 1488 | Marital property obligations |
| Section 1489 | Personal liability for the marital property obligations |
| Section 1490 | Death of a descendant |
| Section 1491 | Waiver by a descendant |
| Section 1492 | Termination by the surviving spouse |
| Section 1493 | Remarriage or establishment of a civil partnership by the surviving spouse |
| Section 1494 | Death of the surviving spouse |
| Section 1495 | Action of a descendant for termination |
| Section 1496 | Effect of the judicial termination decision |
| Section 1497 | Legal relationship until partitioning |
| Section 1498 | Implementation of the partitioning |
| Section 1499 | Obligations borne by the surviving spouse |
| Section 1500 | Obligations borne by the descendants |
| Section 1501 | Set-off of lump sum payments |
| Section 1502 | Right of surviving spouse to take over property |
| Section 1503 | Division among the descendants |
| Section 1504 | Adjustment of liability between descendants |
| Section 1505 | Supplementation of the share of a descendant |
| Section 1506 | Unworthiness to receive a share |
| Section 1507 | Certificate on continuation of the community of property |
| Section 1508 | (repealed) |
| Section 1509 | Exclusion of the continued community of property by testamentary disposition |
| Section 1510 | Effect of exclusion |
| Section 1511 | Exclusion of a descendant |
| Section 1512 | Reduction of the share |
| Section 1513 | Deprivation of the share |
| Section 1514 | Disposition of the amount withheld |
| Section 1515 | Right of a descendant and of the spouse to take over property |
| Section 1516 | Approval of the other spouse |
| Section 1517 | Waiver of his share by a descendant |
| Section 1518 | Mandatory law |
| Section 1558 | Competent registration court |
| Section 1559 | Change of habitual residence |
| Section 1560 | Application for entry |
| Section 1561 | Requirements for application |
| Section 1562 | Public notice |
| Section 1563 | Inspection of the register |
| Title 7 Divorce | |
| Subtitle
1 Grounds of divorce | |
| Section 1564 | Divorce by judicial decision |
| Section 1565 | Breakdown of marriage |
| Section 1566 | Presumption of breakdown |
| Section 1567 | Living apart |
| Section 1568 | Hardship clause |
| Subtitle
2 Maintenance of the divorced spouse | |
| Chapter
1 Principle | |
| Section 1569 | Principle of personal responsibility |
| Chapter 2 Entitlement to maintenance | |
| Section 1570 | Maintenance to care for a child |
| Section 1571 | Maintenance by reason of old age |
| Section 1572 | Maintenance for illness or infirmity |
| Section 1573 | Maintenance for unemployment and topping-up maintenance |
| Section 1574 | Appropriate gainful employment |
| Section 1575 | Training, further training or retraining |
| Section 1576 | Maintenance for reasons of equity |
| Section 1577 | Indigence |
| Section 1578 | Amount of maintenance |
| Section 1578a | Presumption of cover in the case of additional expenditure resulting from injury |
| Section 1578b | Reduction and time limitation of maintenance on grounds of inequity |
| Section 1579 | Restriction or refusal of maintenance for gross inequity |
| Section 1580 | Duty of information |
| Chapter 3 Ability to pay and priority | |
| Section 1581 | Ability to pay |
| Section 1582 | Priority of the divorced spouse where more than one person is entitled to maintenance |
| Section 1583 | Influence of the matrimonial property regime |
| Section 1584 | Priority of more than one person liable for maintenance |
| Chapter 4 Form of the maintenance claim | |
| Section 1585 | Nature of maintenance payment |
| Section 1585a | Provision of security |
| Section 1585b | Maintenance for the past |
| Section 1585c | Agreements on maintenance |
| Chapter 5 End of the maintenance claim | |
| Section 1586 | Remarriage, establishment of a civil partnership or death of the person entitled |
| Section 1586a | Revival of the maintenance claim |
| Section 1586b | Obligation not extinguished on death of the person obliged |
| Subtitle 3 Equalisation of pension rights | |
| Chapter
1 Principle | |
| Section 1587 | Reference to the Pension Equalisation Act [Versorgungsausgleichsgesetz] |
| Chapter
2 Equalisation of value of expectancies or prospects of a pension | |
| Section 1587a | Claim for equalisation |
| Section 1587b | Transfer and establishment of pension expectancies by the family court |
| Section 1587c | Restriction or end of equalisation |
| Section 1587d | Suspension of the duty to establish pension expectancies |
| Section 1587e | Duty of information; extinction of claim to equalisation |
| Chapter 3 Contractual equalisation of pension rights | |
| Section 1587f | Requirements |
| Section 1587g | Claim to payment of a pension |
| Section 1587h | Restriction or end of equalisation claim |
| Section 1587i | Assignment of pension claims |
| Section 1587k | Applicable provisions; extinction of claim to equalisation |
| Section 1587l | Claim to lump sum payment of future equalisation claims |
| Section 1587m | Extinction of the claim to a lump sum payment |
| Section 1587n | Set-off against maintenance claim |
| Chapter 4 Agreements between the parties | |
| Section 1587o | Agreements on the equalisation |
| Chapter 5 Protection of the person obliged under the pension | |
| Section 1587p | Payment to the person previously entitled |
| Title
8 Church duties | |
| Section 1588 | |
| Division
2 Relationship | |
| Title 1 General provisions | |
| Section 1589 | Relationship by blood |
| Section 1590 | Relationship by marriage |
| Title 2 Descent | |
| Section 1591 | Maternity |
| Section 1592 | Paternity |
| Section 1593 | Paternity in the case of dissolution of the marriage by death |
| Section 1594 | Acknowledgement of paternity |
| Section 1595 | Need for approval of the acknowledgement |
| Section 1596 | Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract |
| Section 1597 | Formal requirements; revocation |
| Section 1598 | Ineffectiveness of acknowledgement, approval and revocation |
| Section 1598a | Claim to consent to a genetic examination to clarify natural parentage |
| Section 1599 | Non-existence of paternity |
| Section 1600 | Persons entitled to contest |
| Section 1600a | Personal contestation; contestation in the case of lack of capacity to contract or limited capacity to contract |
| Section 1600b | Contestation periods |
| Section 1600c | Presumption of paternity in contestation proceedings |
| Section 1600d | Court determination of paternity |
| Section 1600e | Jurisdiction of the family court; right of action and answerability as the proper party |
| Title 3 Obligation to maintain | |
| Subtitle 1 General provisions | |
| Section 1601 | Persons with an obligation to maintain |
| Section 1602 | Indigence |
| Section 1603 | Ability to pay |
| Section 1604 | Influence of the matrimonial property regime |
| Section 1605 | Duty of information |
| Section 1606 | Order of priority of more than one person obliged |
| Section 1607 | Substituted liability and statutory passing of claim |
| Section 1608 | Liability of the spouse or civil partner |
| Section 1609 | Priority of more than person entitled to maintenance |
| Section 1610 | Amount of maintenance |
| Section 1610a | Presumption of cover in the case of additional expenditure resulting from injury |
| Section 1611 | Restriction or end of obligation |
| Section 1612 | Nature of maintenance payment |
| Section 1612a | Minimum maintenance of minor children |
| Section 1612b | Meeting cash requirements through child benefit |
| Section 1612c | Set-off of other child-related payments |
| Section 1613 | Maintenance for the past |
| Section 1614 | Waiver of maintenance claim; advance performance |
| Section 1615 | Extinction of the maintenance claim |
| Subtitle 2 Special provisions for the child and its parents who are not married to each other | |
| Section 1615a | Applicable provisions |
| Section 1615l | Maintenance claim of mother and father by reason of the birth |
| Section 1615m | Funeral costs for the mother |
| Section 1615n | No expiry on the death of the father or stillbirth |
| Section 1615o | (repealed) |
| Title 4 Legal relationship between the parents and the child in general | |
| Section 1616 | Birth name in the case of parents with family name |
| Section 1617 | Birth name in the case of parents without family name and with joint parental custody |
| Section 1617a | Birth name in the case of parents without family name and with sole parental custody |
| Section 1617b | Name in the case of subsequent joint parental custody or ostensible paternity |
| Section 1617c | Name in the case of change of name by the parents |
| Section 1618 | Bringing child under family name |
| Section 1618a | Duty of assistance and respect |
| Section 1619 | Services in house and business |
| Section 1620 | Outlays of the child for the household of its parents |
| Sections 1621 - 1623 | (repealed) |
| Section 1624 | Advancement from the parental assets |
| Section 1625 | Advancement from the assets of the child |
| Title 5 Parental custody | |
| Section 1626 | Parental custody, principles |
| Section 1626a | Parental custody of parents who are not married to each other; declarations of parental custody |
| Section 1626b | Special requirements for the effectiveness of the declaration of parental custody |
| Section 1626c | Declaring in person; parent with limited capacity to contract |
| Section 1626d | Form; duty of notification |
| Section 1626e | Ineffectiveness |
| Section 1627 | Exercise of parental custody |
| Section 1628 | Court decision in the case of differences of opinion between the parents |
| Section 1629 | Representation of the child |
| Section 1629a | Restriction of liability of minors |
| Section 1630 | Parental custody in the case of appointment of a curator or of foster care |
| Section 1631 | Contents and limits of care for the person of the child |
| Section 1631a | Training and occupation |
| Section 1631b | Accommodation associated with deprivation of liberty |
| Section 1631c | Prohibition of sterilisation |
| Section 1632 | Surrender of the child; determination of contact; order that child remains in foster care |
| Section 1633 | Care for the person of the child in the case of a married minor |
| Sections 1634 - 1637 | (repealed) |
| Section 1638 | Restriction of care for the property of the child |
| Section 1639 | Directions of the testator or donor |
| Section 1640 | Inventory of property |
| Section 1641 | Prohibition of donation |
| Section 1642 | Investment of money |
| Section 1643 | Legal transactions subject to approval |
| Section 1644 | Surrender of objects of property to the child |
| Section 1645 | New trade or business |
| Section 1646 | Acquisition with funds of the child |
| Section 1647 | (repealed) |
| Section 1648 | Reimbursement of outlays |
| Section 1649 | Use of the income of the property of the child |
| Sections 1650 - 1663 | (repealed) |
| Section 1664 | Limited liability of the parents |
| Section 1665 | (repealed) |
| Section 1666 | Court measures in the case of endangerment of the best interests of the child |
| Section 1666a | Principle of proportionality; priority of public support measures |
| Section 1667 | Court measures in the case of endangerment of the property of the child |
| Sections 1668 - 1670 | (repealed) |
| Section 1671 | Living apart and joint parental custody |
| Section 1672 | Living apart where the mother has parental custody |
| Section 1673 | Suspension of parental custody in the case of a legal obstacle |
| Section 1674 | Suspension of parental custody in the case of a factual obstacle |
| Section 1675 | Effect of the suspension |
| Section 1676 | (repealed) |
| Section 1677 | Termination of parental custody by declaration of death |
| Section 1678 | Consequences for the other parent of the actual prevention or of the suspension |
| Section 1679 | (repealed) |
| Section 1680 | Death of a parent or removal of the parental custody |
| Section 1681 | Declaration of death of a parent |
| Section 1682 | Order that the child remains with persons to whom it relates |
| Section 1683 | (repealed) |
| Section 1684 | Contact of the child with its parents |
| Section 1685 | Contact of the child with other persons to whom it relates |
| Section 1686 | Information on the personal circumstances of the child |
| Section 1687 | Exercise of joint parental custody when the parents live apart |
| Section 1687a | Power to make decision of the parent without parental custody |
| Section 1687b | Parental custody powers of the spouse |
| Section 1688 | Decisions of the foster carer |
| Sections 1689 - 1692 | (repealed) |
| Section 1693 | Court measures where the parents are prevented |
| Sections 1694, 1695 | (repealed) |
| Section 1696 | Amendment of judicial decisions and of court-approved settlements |
| Section 1697 | (repealed) |
| Section 1697a | Principle of best interests of child |
| Section 1698 | Surrender of the property of the child; rendering an account |
| Section 1698a | Continuation of transactions in ignorance that parental custody has ended |
| Section 1698b | Continuation of urgent transactions after the death of the child |
| Sections 1699 - 1711 | (repealed) |
| Title 6 Legal advisership | |
| Section 1712 | Youth welfare office as legal adviser; tasks |
| Section 1713 | Persons entitled to apply |
| Section 1714 | Occurrence of legal advisership |
| Section 1715 | Termination of legal advisership |
| Section 1716 | Effects of legal advisership |
| Section 1717 | Requirement of habitual residence on domestic territory |
| Sections 1718 - 1740 | (repealed) |
| Title 7 Adoption | |
| Subtitle 1 Adoption of minors | |
| Section 1741 | Admissibility of the adoption |
| Section 1742 | Adoption only as child of the spouses |
| Section 1743 | Minimum age |
| Section 1744 | Probationary period |
| Section 1745 | Prohibition of adoption |
| Section 1746 | Consent of the child |
| Section 1747 | Consent of the parents of the child |
| Section 1748 | Substitution of the consent of a parent |
| Section 1749 | Consent of the spouse |
| Section 1750 | Declaration of consent |
| Section 1751 | Effect of parental consent, maintenance obligation |
| Section 1752 | Order of the family court, application |
| Section 1753 | Adoption after death |
| Section 1754 | Effect of adoption |
| Section 1755 | Extinction of relationships |
| Section 1756 | Continuation of relationships |
| Section 1757 | Name of the child |
| Section 1758 | Prohibition on disclosure and exploratory questioning |
| Section 1759 | Cancellation of the adoption relationship |
| Section 1760 | Cancellation for lack of declarations |
| Section 1761 | Obstacles to cancellation |
| Section 1762 | Entitlement to apply; period for filing application, form |
| Section 1763 | Cancellation by the court of its own motion |
| Section 1764 | Effect of cancellation |
| Section 1765 | Name of the child after the cancellation |
| Section 1766 | Marriage between adoptive parent and child |
| Subtitle 2 Adoption of persons of full age | |
| Section 1767 | Admissibility of adoption, applicable provisions |
| Section 1768 | Application |
| Section 1769 | Prohibition of adoption |
| Section 1770 | Effect of adoption |
| Section 1771 | Cancellation of the adoption relationship |
| Section 1772 | Adoption with the effects of the adoption of a minor |
| Division
3 Guardianship, legal curatorship, custodianship | |
| Title 1 Guardianship | |
| Subtitle
1 Creation of guardianship | |
| Section 1773 | Requirements |
| Section 1774 | Order by the court of its own motion |
| Section 1775 | More than one guardian |
| Section 1776 | Right of the parents to name the guardian |
| Section 1777 | Requirements of the right to name the guardian |
| Section 1778 | Passing over the guardian named |
| Section 1779 | Selection by the family court |
| Section 1780 | Lack of capacity to be a guardian |
| Section 1781 | Unsuitability to be a guardian |
| Section 1782 | Exclusion by the parents |
| Section 1783 | (repealed) |
| Section 1784 | Official or church officer as guardian |
| Section 1785 | Duty to assume guardianship |
| Section 1786 | Right to refuse |
| Section 1787 | Consequences of unjustified refusal |
| Section 1788 | Coercive fine |
| Section 1789 | Appointment by the family court |
| Section 1790 | Appointment subject to a reservation |
| Section 1791 | Certificate of appointment |
| Section 1791a | Guardianship by association |
| Section 1791b | Official guardianship of the youth welfare office by appointment |
| Section 1791c | Statutory official guardianship of the youth welfare office |
| Section 1792 | Supervisory guardian |
| Subtitle 2 Conducting of the guardianship | |
| Section 1793 | Duties of the guardian, liability of the ward |
| Section 1794 | Restriction as a result of curatorship |
| Section 1795 | Exclusion of power of agency |
| Section 1796 | Withdrawal of power of agency |
| Section 1797 | More than one guardian |
| Section 1798 | Differences of opinion |
| Section 1799 | Duties and rights of the supervisory guardian |
| Section 1800 | Scope of care for the person |
| Section 1801 | Religious education |
| Section 1802 | Inventory of property |
| Section 1803 | Management of assets in the case of inheritance or donation |
| Section 1804 | Donations made by the guardian |
| Section 1805 | Use for the guardian |
| Section 1806 | Investment of money held in trust for a ward |
| Section 1807 | Nature of investment |
| Section 1808 | (repealed) |
| Section 1809 | Investment with blocking note |
| Section 1810 | Cooperation of supervisory guardian or family court |
| Section 1811 | Other investment |
| Section 1812 | Dispositions of claims and securities |
| Section 1813 | Transactions not requiring approval |
| Section 1814 | Deposit of bearer instruments |
| Section 1815 | Change of registration and conversion of bearer instruments |
| Section 1816 | Blocking of registered claims |
| Section 1817 | Exemption |
| Section 1818 | Order of deposit |
| Section 1819 | Approval in the case of deposit |
| Section 1820 | Approval after change of registration and conversion |
| Section 1821 | Approval of transactions relating to plots of land, ships or ships under construction |
| Section 1822 | Approval for other transactions |
| Section 1823 | Approval where the ward has a trade or business |
| Section 1824 | Approval for the permission for the ward to use objects |
| Section 1825 | General authorisation |
| Section 1826 | Hearing of the supervisory guardian before giving the approval |
| Section 1827 | (repealed) |
| Section 1828 | Pronouncement of approval |
| Section 1829 | Subsequent approval |
| Section 1830 | Right of revocation of the other party |
| Section 1831 | Unilateral legal transaction without approval |
| Section 1832 | Approval of the supervisory guardian |
| Section 1833 | Liability of the guardian |
| Section 1834 | Duty to pay interest |
| Section 1835 | Reimbursement of outlays |
| Section 1835a | Reimbursement for expenses |
| Section 1836 | Payment of the guardian |
| Section 1836c | Funds to be provided by the ward |
| Section 1836d | Destitution of the ward |
| Section 1836e | Statutory passing of claim |
| Subtitle 3 Care and supervision of the family court | |
| Section 1837 | Advice and supervision |
| Section 1838 | (repealed) |
| Section 1839 | Duty of information of the guardian |
| Section 1840 | Report and rendering of account |
| Section 1841 | Contents of the account |
| Section 1842 | Cooperation of the supervisory guardian |
| Section 1843 | Examination by the family court |
| Section 1844 | (repealed) |
| Section 1845 | (repealed) |
| Section 1846 | Interim measures of the family court |
| Section 1847 | Hearing of the relatives |
| Section 1848 | (repealed) |
| Subtitle 4 Cooperation of the youth welfare office | |
| Sections 1849, 1850 | (repealed) |
| Section 1851 | Duties of notification |
| Subtitle 5 Exempted guardianship | |
| Section 1852 | Exemption by the father |
| Section 1853 | Exemption from deposit and blocking |
| Section 1854 | Exemption from duty to render an account |
| Section 1855 | Exemption by the mother |
| Section 1856 | Requirements of exemption |
| Section 1857 | Cancellation of the exemption by the family court |
| Section 1857a | Exemption of the youth welfare office and the association |
| Sections 1858 - 1881 | (repealed) |
| Subtitle 6 Termination of the guardianship | |
| Section 1882 | Cessation of the requirements |
| Section 1883 | (repealed) |
| Section 1884 | Ward missing and declaration of death of the ward |
| Section 1885 | (repealed) |
| Section 1886 | Removal of the sole guardian |
| Section 1887 | Removal of the youth welfare office or association |
| Section 1888 | Removal of officials and church officers |
| Section 1889 | Removal on the application of the guardian himself |
| Section 1890 | Delivery of assets and rendering an account |
| Section 1891 | Cooperation of the supervisory guardian |
| Section 1892 | Examination and approval of the account |
| Section 1893 | Continuation of transactions after the termination of the guardianship, return of certificates |
| Section 1894 | Notification on death of the guardian |
| Section 1895 | Termination of office of the supervisory guardian |
| Title 2 Legal custodianship | |
| Section 1896 | Requirements |
| Section 1897 | Appointment of a natural person |
| Section 1898 | Duty to assume custodianship |
| Section 1899 | More than one custodian |
| Section 1900 | Custodianship by association or public authority |
| Section 1901 | Scope of the custodianship, duties of the custodian |
| Section 1901a | Living will |
| Section 1901b | Discussion to ascertain the patient’s will |
| Section 1901c | Wishes in writing with regard to custodianship, enduring power of attorney |
| Section 1902 | Representation of the person under custodianship |
| Section 1903 | Reservation of consent |
| Section 1904 | Approval of the custodianship court in the case of medical measures |
| Section 1905 | Sterilisation |
| Section 1906 | Approval of the custodianship court with regard to accommodation |
| Section 1907 | Approval of the custodianship court on abandonment of rented home |
| Section 1908 | Approval of the custodianship court with regard to advancement |
| Section 1908a | Precautionary appointment of a custodian and order of reservation of consent for minors |
| Section 1908b | Removal of the custodian |
| Section 1908c | Appointment of a new custodian |
| Section 1908d | Cancellation or alteration of custodianship and reservation of consent |
| Section 1908e | (repealed) |
| Section 1908f | Recognition as custodianship association |
| Section 1908g | Public authority custodian |
| Section 1908h | (repealed) |
| Section 1908i | Provisions applicable with the necessary modifications |
| Section 1908k | (repealed) |
| Title 3 Curatorship | |
| Section 1909 | Supplementary curatorship |
| Section 1910 | (repealed) |
| Section 1911 | Curatorship of absentees |
| Section 1912 | Curatorship for an unborn child |
| Section 1913 | Curatorship for unknown persons involved |
| Section 1914 | Curatorship for collected property |
| Section 1915 | Application of guardianship law |
| Section 1916 | Designation as supplementary curator |
| Section 1917 | Naming of the supplementary curator by testator and third parties |
| Section 1918 | Termination of the curatorship by operation of law |
| Section 1919 | Cancellation of the curatorship on cessation of reason |
| Section 1920 | (repealed) |
| Section 1921 | Cancellation of the curatorship of absentees |
| Book
5 Law of Succession | |
| Division 1 Succession | |
| Section 1922 | Universal succession |
| Section 1923 | Capacity to inherit |
| Section 1924 | Heirs on intestacy of the first degree |
| Section 1925 | Heirs on intestacy of the second degree |
| Section 1926 | Heirs on intestacy of the third degree |
| Section 1927 | More than one share of the inheritance in the case of multiple relationship |
| Section 1928 | Heirs on intestacy of the fourth degree |
| Section 1929 | More distant degrees |
| Section 1930 | Priority of the degrees |
| Section 1931 | Right of intestate succession of the spouse |
| Section 1932 | Preferential benefit of the spouse |
| Section 1933 | Exclusion of the right of succession of the spouse |
| Section 1934 | Right of succession of spouse who is a relative |
| Section 1935 | Consequences of increase of share of the inheritance |
| Section 1936 | Right of intestate succession of the treasury |
| Section 1937 | Appointment of heir by testamentary disposition |
| Section 1938 | Disinheritance without appointment of an heir |
| Section 1939 | Legacy |
| Section 1940 | Testamentary burden |
| Section 1941 | Contract of inheritance |
| Division 2 Legal position of the heir | |
| Title 1 Acceptance and disclaimer of the inheritance; supervision of the probate court | |
| Section 1942 | Devolution and disclaimer of the inheritance |
| Section 1943 | Acceptance and disclaimer of the inheritance |
| Section 1944 | Period for disclaimer |
| Section 1945 | Form of disclaimer |
| Section 1946 | Date for acceptance or disclaimer |
| Section 1947 | Condition and stipulation as to time |
| Section 1948 | More than one ground of entitlement |
| Section 1949 | Mistake as to the ground of entitlement |
| Section 1950 | Partial acceptance; partial disclaimer |
| Section 1951 | More than one share of the inheritance |
| Section 1952 | Inheritability of the right of disclaimer |
| Section 1953 | Effect of disclaimer |
| Section 1954 | Period of avoidance |
| Section 1955 | Form of avoidance |
| Section 1956 | Avoidance of failure to disclaim in good time |
| Section 1957 | Effect of avoidance |
| Section 1958 | Judicial assertion of claims against the heir |
| Section 1959 | Management before the disclaimer |
| Section 1960 | Securing the estate; curator of the estate |
| Section 1961 | Curatorship of the estate on application |
| Section 1962 | Jurisdiction of the probate court |
| Section 1963 | Maintenance for the mother-to-be of an heir |
| Section 1964 | Presumption that the treasury is heir |
| Section 1965 | Public invitation to notify the rights of succession |
| Section 1966 | Legal 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 1967 | Liability of heir, obligations of the estate |
| Section 1968 | Costs of funeral |
| Section 1969 | Maintenance for thirty days |
| Subtitle 2 Public notice to the creditors of the estate | |
| Section 1970 | Notification of the claims |
| Section 1971 | Creditors not affected |
| Section 1972 | Rights not affected |
| Section 1973 | Exclusion of creditors of the estate |
| Section 1974 | Defence of withheld information |
| Subtitle
3 Restriction of the liability of the heir | |
| Section 1975 | Administration of estate; estate insolvency |
| Section 1976 | Effect on legal relationships extinguished by merger |
| Section 1977 | Effect on a set-off |
| Section 1978 | Responsibility of the heir for previous administration, reimbursement of expenses |
| Section 1979 | Discharge of obligations of the estate |
| Section 1980 | Application for institution of estate insolvency proceedings |
| Section 1981 | Order of administration of the estate |
| Section 1982 | Refusal to order administration of the estate for insufficiency of assets |
| Section 1983 | Public notice |
| Section 1984 | Effect of the order |
| Section 1985 | Duties and liability of the administrator of the estate |
| Section 1986 | Delivery of the estate |
| Section 1987 | Payment of the administrator of the estate |
| Section 1988 | End and cancellation of administration of the estate |
| Section 1989 | Defence by the heir of exhaustion of assets |
| Section 1990 | Defence by the heir of insufficiency of assets |
| Section 1991 | Consequences of defence of insufficiency of assets |
| Section 1992 | Overindebtedness as a result of legacies and testamentary burdens |
| Subtitle
4 Filing of an inventory, unlimited liability of the heir | |
| Section 1993 | Filing of an inventory |
| Section 1994 | Inventory period |
| Section 1995 | Length of the period |
| Section 1996 | Fixing a new period |
| Section 1997 | Suspension of the expiry of the period |
| Section 1998 | Death of the heir before expiry of the period |
| Section 1999 | Notice to the court |
| Section 2000 | Ineffectiveness of the fixing of the period |
| Section 2001 | Contents of the inventory |
| Section 2002 | Preparation of the inventory by the heir |
| Section 2003 | Official preparation of the inventory |
| Section 2004 | Reference to an existing inventory |
| Section 2005 | Unlimited liability of the heir if the inventory is incorrect |
| Section 2006 | Declaration in lieu of an oath |
| Section 2007 | Liability in the case of more than one share of the inheritance |
| Section 2008 | Inventory for an inheritance that is part of marital property |
| Section 2009 | Effect of filing of inventory |
| Section 2010 | Inspection of the inventory |
| Section 2011 | No inventory period for the treasury as heir |
| Section 2012 | No inventory period for the curator and administrator of the estate |
| Section 2013 | Consequences of the unlimited liability of the heir |
| Subtitle 5 Suspensive defences | |
| Section 2014 | Defence within three months |
| Section 2015 | Defence of the public notice procedure |
| Section 2016 | Exclusion of defences in the case of unlimited liability of the heir |
| Section 2017 | Beginning of the period of time in the case of curatorship of the estate |
| Title 3 Claim to inheritance | |
| Section 2018 | Duty of surrender of the possessor of the inheritance |
| Section 2019 | Direct substitution |
| Section 2020 | Emoluments and fruits |
| Section 2021 | Duty of surrender under principles of unjust enrichment |
| Section 2022 | Reimbursement of outlays and expenses |
| Section 2023 | Liability after litigation is pending and for emoluments and outlays |
| Section 2024 | Liability with knowledge |
| Section 2025 | Liability in the case of tort |
| Section 2026 | No reliance on acquisition by prescription |
| Section 2027 | Duty of information of the possessor of the inheritance |
| Section 2028 | Duty of information of occupant of house |
| Section 2029 | Liability in the case of individual claims by the heir |
| Section 2030 | Legal position of the acquirer of the inheritance |
| Section 2031 | Claim of person declared dead for surrender |
| Title 4 More than one heir | |
| Subtitle 1 Legal relationship of the heirs between themselves | |
| Section 2032 | Community of heirs |
| Section 2033 | Right of disposition of the co-heir |
| Section 2034 | Right of preemption as against seller |
| Section 2035 | Right of preemption as against buyer |
| Section 2036 | Liability of buyer of share of the inheritance |
| Section 2037 | Resale of the share of the inheritance |
| Section 2038 | Joint management of the estate |
| Section 2039 | Estate claims |
| Section 2040 | Disposal of objects of the estate, set-off |
| Section 2041 | Direct substitution |
| Section 2042 | Partitioning |
| Section 2043 | Postponement of partitioning |
| Section 2044 | Exclusion of partitioning |
| Section 2045 | Postponement of partitioning |
| Section 2046 | Discharge of obligations of the estate |
| Section 2047 | Distribution of the surplus |
| Section 2048 | Directions by the deceased for partitioning |
| Section 2049 | Taking over of a farm |
| Section 2050 | Duty to adjust advancements for descendants as heirs on intestacy |
| Section 2051 | Duty to adjust advancements if a descendant does not inherit |
| Section 2052 | Duty to adjust advancements for descendants as heirs by will |
| Section 2053 | Gift to more remote or adopted descendant |
| Section 2054 | Gift from the marital property |
| Section 2055 | Carrying out the adjustment |
| Section 2056 | Excess gifts |
| Section 2057 | Duty of information |
| Section 2057a | Duty 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 2058 | Joint and several liability |
| Section 2059 | Liability until division |
| Section 2060 | Liability after division |
| Section 2061 | Public notice to the creditors of the estate |
| Section 2062 | Application for administration of the estate |
| Section 2063 | Filing of an inventory, limitation of liability |
| Division
3 Will | |
| Title 1 General provisions | |
| Section 2064 | Made in person |
| Section 2065 | Determination by third parties |
| Section 2066 | Heirs on intestacy of the testator |
| Section 2067 | Relatives of the testator |
| Section 2068 | Children of the testator |
| Section 2069 | Descendants of the testator |
| Section 2070 | Descendants of a third party |
| Section 2071 | Group of persons |
| Section 2072 | The poor |
| Section 2073 | Ambiguous designation |
| Section 2074 | Condition precedent |
| Section 2075 | Condition subsequent |
| Section 2076 | Condition for the benefit of a third party |
| Section 2077 | Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement |
| Section 2078 | Avoidance for mistake or duress |
| Section 2079 | Avoidance for omission of a person entitled to a compulsory portion |
| Section 2080 | Person entitled to avoid |
| Section 2081 | Declaration of avoidance |
| Section 2082 | Period of avoidance |
| Section 2083 | Defence of voidability |
| Section 2084 | Interpretation favouring effectiveness |
| Section 2085 | Partial ineffectiveness |
| Section 2086 | Reservation of right to make addition |
| Title 2 Appointment of heirs | |
| Section 2087 | Gift of property, of fraction of property or of individual objects |
| Section 2088 | Appointment to fractions |
| Section 2089 | Increase of the fractions |
| Section 2090 | Reduction of the fractions |
| Section 2091 | Undetermined fractions |
| Section 2092 | Partial appointment to fractions |
| Section 2093 | Joint share of the inheritance |
| Section 2094 | Accrual |
| Section 2095 | Accrued share of the inheritance |
| Section 2096 | Substitute heir |
| Section 2097 | Rule of interpretation in the case of substitute heir |
| Section 2098 | Mutual appointment as substitute heir |
| Section 2099 | Substitute heir and accrual |
| Title 3 Appointment of a subsequent heir | |
| Section 2100 | Subsequent heir |
| Section 2101 | Subsequent heir not yet conceived |
| Section 2102 | Subsequent heir and substitute heir |
| Section 2103 | Order to surrender the inheritance |
| Section 2104 | Heirs on intestacy as subsequent heirs |
| Section 2105 | Heirs on intestacy as prior heirs |
| Section 2106 | Occurrence of subsequent succession |
| Section 2107 | Childless prior heir |
| Section 2108 | Capacity to inherit; inheritability of the subsequent succession |
| Section 2109 | End of effectiveness of subsequent succession |
| Section 2110 | Scope of the right of subsequent succession |
| Section 2111 | Direct substitution |
| Section 2112 | Right of disposal of the prior heir |
| Section 2113 | Dispositions of plots of land, ships and ships under construction; gifts |
| Section 2114 | Dispositions of mortgage claims, land charges and annuity land charges |
| Section 2115 | Dispositions in execution of judgment against prior heir |
| Section 2116 | Deposit of securities |
| Section 2117 | Change of registration; conversion |
| Section 2118 | Blocking note in debt ledger |
| Section 2119 | Investment of money |
| Section 2120 | Duty of subsequent heir to consent |
| Section 2121 | List of objects of inheritance |
| Section 2122 | Determination of the condition of the inheritance |
| Section 2123 | Economic plan |
| Section 2124 | Costs of maintenance |
| Section 2125 | Outlays; right to remove |
| Section 2126 | Extraordinary burdens |
| Section 2127 | Right to information of subsequent heir |
| Section 2128 | Provision of security |
| Section 2129 | Effect of deprivation of management |
| Section 2130 | Duty to surrender after the occurrence of subsequent succession, duty to render account |
| Section 2131 | Scope of duty of care |
| Section 2132 | No liability for ordinary wear and tear |
| Section 2133 | Improper or excessive taking of fruits |
| Section 2134 | Own use |
| Section 2135 | Lease and usufructuary lease in subsequent succession |
| Section 2136 | Release of the prior heir |
| Section 2137 | Rule of interpretation for the release |
| Section 2138 | Restricted obligation to surrender |
| Section 2139 | Effect of occurrence of subsequent succession |
| Section 2140 | Dispositions of the prior heir after occurrence of subsequent succession |
| Section 2141 | Maintenance for the mother-to-be of a subsequent heir |
| Section 2142 | Disclaimer of subsequent succession |
| Section 2143 | Restoration of extinguished legal relationships |
| Section 2144 | Liability of the subsequent heir for the obligations of the estate |
| Section 2145 | Liability of the prior heir for the obligations of the estate |
| Section 2146 | Duty of prior heir to notify creditors of the estate |
| Title 4 Legacies | |
| Section 2147 | Person charged with a legacy |
| Section 2148 | More than one person charged with a legacy |
| Section 2149 | Legacy for heirs on intestacy |
| Section 2150 | Preferential legacy |
| Section 2151 | Right to decide of the person charged or of a third person in the event of more than one person provided for |
| Section 2152 | Choice of persons provided for |
| Section 2153 | Determination of shares |
| Section 2154 | Optional legacy |
| Section 2155 | General legacy |
| Section 2156 | Legacy for a special purpose |
| Section 2157 | Joint legacy |
| Section 2158 | Accrual |
| Section 2159 | Independence of the accrual |
| Section 2160 | Prior death of person provided for |
| Section 2161 | Where the person charged does not inherit |
| Section 2162 | Thirty-year period for a suspended legacy |
| Section 2163 | Exceptions to the thirty-year period |
| Section 2164 | Extension to accessories and claims to compensation |
| Section 2165 | Charges |
| Section 2166 | Charge with a mortgage |
| Section 2167 | Charge with a blanket mortgage |
| Section 2168 | Charge with a blanket land charge |
| Section 2168a | Application to ships, ships under construction and ship mortgages |
| Section 2169 | Legacy of foreign objects |
| Section 2170 | Legacy to be procured |
| Section 2171 | Impossibility, statutory prohibition |
| Section 2172 | Combination, intermixture, mingling of the bequeathed thing |
| Section 2173 | Claim as a legacy |
| Section 2174 | Claim arising under a legacy |
| Section 2175 | Restoration of extinguished legal relationships |
| Section 2176 | Devolution of the legacy |
| Section 2177 | Devolution in the event of a condition or a time limit |
| Section 2178 | Devolution in the event of a person provided for not yet conceived or determined |
| Section 2179 | Period of suspense |
| Section 2180 | Acceptance and disclaimer |
| Section 2181 | Discretionary due date |
| Section 2182 | Warranty for legal defects |
| Section 2183 | Warranty for material defects |
| Section 2184 | Fruits and emoluments |
| Section 2185 | Reimbursement of outlays and expenses |
| Section 2186 | Due date of sublegacy or testamentary burden |
| Section 2187 | Liability of the main legatee |
| Section 2188 | Reduction of the charges |
| Section 2189 | Directions concerning priority |
| Section 2190 | Substitute legatee |
| Section 2191 | Subsequent legatee |
| Title 5 Testamentary burden | |
| Section 2192 | Applicable provisions |
| Section 2193 | Appointment of the beneficiary, period for fulfilment |
| Section 2194 | Claim for fulfilment |
| Section 2195 | Relationship between testamentary burden and gift |
| Section 2196 | Impossibility of fulfilment |
| Title 6 Executor | |
| Section 2197 | Appointment of an executor |
| Section 2198 | Determination of the executor by a third person |
| Section 2199 | Appointment of co-executor or successor |
| Section 2200 | Appointment by the probate court |
| Section 2201 | Ineffectiveness of the appointment |
| Section 2202 | Acceptance and refusal of office |
| Section 2203 | Task of the executor |
| Section 2204 | Partitioning of the estate between co-heirs |
| Section 2205 | Administration of the estate, power of disposal |
| Section 2206 | Incurring obligations |
| Section 2207 | Extended authority |
| Section 2208 | Limitation of the rights of the executor, execution by the heir |
| Section 2209 | Permanent execution |
| Section 2210 | Thirty-year period for permanent execution |
| Section 2211 | Limitation on dispositions of the heir |
| Section 2212 | Assertion in court of the rights subject to the execution of the will |
| Section 2213 | Assertion in court of claims against the estate |
| Section 2214 | Creditors of the heir |
| Section 2215 | Inventory of the estate |
| Section 2216 | Proper administration of the estate, compliance with directions |
| Section 2217 | Transfer of objects of the estate |
| Section 2218 | Legal relationship to the heir; rendering of accounts |
| Section 2219 | Liability of the executor |
| Section 2220 | Mandatory law |
| Section 2221 | Remuneration of the executor |
| Section 2222 | Executor for the subsequent heir |
| Section 2223 | Executor of a legacy |
| Section 2224 | More than one executor |
| Section 2225 | Expiry of the office of the executor |
| Section 2226 | Notice of termination by the executor |
| Section 2227 | Dismissal of the executor |
| Section 2228 | Inspection of records |
| Title 7 The making and revocation of a will | |
| Section 2229 | Testamentary capacity of minors, lack of testamentary capacity |
| Section 2230 | (repealed) |
| Section 2231 | Regular wills |
| Section 2232 | Public will |
| Section 2233 | Special cases |
| Sections 2234 - 2246 | (repealed) |
| Section 2247 | Holographic will |
| Section 2248 | Custody of a holographic will |
| Section 2249 | Emergency will made before the mayor |
| Section 2250 | Emergency will before three witnesses |
| Section 2251 | Emergency will made at sea |
| Section 2252 | Period of validity of emergency wills |
| Section 2253 | Revocation of the will |
| Section 2254 | Revocation by will |
| Section 2255 | Revocation by destruction or changes |
| Section 2256 | Revocation by the withdrawal of the will from official custody |
| Section 2257 | Revocation of the revocation |
| Section 2258 | Revocation by a later will |
| Section 2258a | (repealed) |
| Section 2258b | (repealed) |
| Section 2259 | Obligation to deliver |
| Section 2260 | (repealed) |
| Section 2261 | (repealed) |
| Section 2262 | (repealed) |
| Section 2263 | Voidness of a prohibition on opening the will |
| Section 2263a | Opening period for wills |
| Section 2264 | (repealed) |
| Title 8 Joint will | |
| Section 2265 | Joint will made by spouses |
| Section 2266 | Joint emergency will |
| Section 2267 | Joint holographic will |
| Section 2268 | Effect of nullity or dissolution of marriage |
| Section 2269 | Reciprocal appointment |
| Section 2270 | Reciprocal dispositions |
| Section 2271 | Revocation of reciprocal dispositions |
| Section 2272 | Withdrawal from official custody |
| Section 2273 | (repealed) |
| Division 4 Contract of inheritance | |
| Section 2274 | Entering into contract in person |
| Section 2275 | Requirements |
| Section 2276 | Form |
| Section 2277 | (repealed) |
| Section 2278 | Permissible contractual dispositions |
| Section 2279 | Contractual gifts and burdens, application of section 2077 |
| Section 2280 | Application of section 2269 |
| Section 2281 | Avoidance by the testator |
| Section 2282 | Representation, form of the avoidance |
| Section 2283 | Period of avoidance |
| Section 2284 | Confirmation |
| Section 2285 | Avoidance by third parties |
| Section 2286 | Dispositions inter vivos |
| Section 2287 | Gifts adversely affecting the contractual heir |
| Section 2288 | Prejudice to the legatee |
| Section 2289 | Effect of the contract of inheritance on testamentary dispositions; application of section 2338 |
| Section 2290 | Cancellation by contract |
| Section 2291 | Cancellation by will |
| Section 2292 | Cancellation by joint will |
| Section 2293 | Withdrawal in the event of reservation |
| Section 2294 | Withdrawal in the event of the misconduct of the person provided for |
| Section 2295 | Withdrawal in the event of the extinction of a mutual obligation |
| Section 2296 | Representation, form of withdrawal |
| Section 2297 | Withdrawal by will |
| Section 2298 | Mutual contract of inheritance |
| Section 2299 | Unilateral dispositions |
| Section 2300 | Application of sections 2259 and 2263; removal from official or notarial custody |
| Section 2300a | Opening period |
| Section 2301 | Promise of donation mortis causa |
| Section 2302 | Unlimited testamentary freedom |
| Division 5 Compulsory share | |
| Section 2303 | Person entitled to a compulsory share of the estate; amount of the share |
| Section 2304 | Rules of interpretation |
| Section 2305 | Additional compulsory share |
| Section 2306 | Limitations and charges |
| Section 2307 | Bequest of a legacy |
| Section 2308 | Avoidance of the disclaimer |
| Section 2309 | Right of parents and remoter descendants to a compulsory share |
| Section 2310 | Determination of the share of the inheritance for the calculation of the compulsory share |
| Section 2311 | Value of the estate |
| Section 2312 | Value of a farm |
| Section 2313 | Taking account of conditional, uncertain or unsecured rights; duty of determination of the heir |
| Section 2314 | Duty of the heir to provide information |
| Section 2315 | Counting gifts towards the compulsory share |
| Section 2316 | Duty to adjust advancements |
| Section 2317 | Creation and transferability of the claim to a compulsory share |
| Section 2318 | Burden of the compulsory share in the case of legacies and testamentary burdens |
| Section 2319 | Person entitled to a compulsory share as co-heir |
| Section 2320 | Compulsory share burden on the heir taking the place of the person entitled to a compulsory share |
| Section 2321 | Compulsory share burden in the event of a disclaimer of a legacy |
| Section 2322 | Reduction of legacies and testamentary burdens |
| Section 2323 | Heir not charged with a compulsory share |
| Section 2324 | Deviating directions by the testator concerning the compulsory share burden |
| Section 2325 | Claim for the augmentation of compulsory shares in the event of gifts |
| Section 2326 | Augmentation to more than half of the share of the inheritance on intestacy |
| Section 2327 | Receipt of gift by a person entitled to a compulsory share |
| Section 2328 | Heir himself as person entitled to a compulsory share |
| Section 2329 | Claim against the receiver of a gift |
| Section 2330 | Gift arising from a moral duty |
| Section 2331 | Gifts made from marital property |
| Section 2331a | Additional time |
| Section 2332 | Limitation |
| Section 2333 | Deprivation of a descendant's compulsory share |
| Section 2334 | Deprivation of a the compulsory share of a parent |
| Section 2335 | Deprivation of the compulsory share of a spouse |
| Section 2336 | Form, burden of proof and ineffectiveness of deprivation |
| Section 2337 | Forgiveness |
| Section 2338 | Limitation of the compulsory share |
| Division
6 Unworthiness to inherit | |
| Section 2339 | Grounds for unworthiness to inherit |
| Section 2340 | Enforcement of the unworthiness to inherit by avoidance |
| Section 2341 | Persons entitled to avoid |
| Section 2342 | Action for avoidance |
| Section 2343 | Forgiveness |
| Section 2344 | Effect of a declaration of unworthiness to inherit |
| Section 2345 | Unworthiness to receive a legacy; unworthiness to receive a compulsory share |
| Division 7 Renunciation of inheritance | |
| Section 2346 | Effect of the renunciation of inheritance, possibility of limitation |
| Section 2347 | Personal requirements, representation |
| Section 2348 | Form |
| Section 2349 | Extension to descendants |
| Section 2350 | Renunciation in favour of another |
| Section 2351 | Revocation of a renunciation of the inheritance |
| Section 2352 | Renunciation of gifts |
| Division 8 Certificate of inheritance | |
| Section 2353 | Competence of the probate court, application |
| Section 2354 | Statements of the heir on intestacy in the application |
| Section 2355 | Statements of the testamentary heir in the application |
| Section 2356 | Proof of accuracy of statements |
| Section 2357 | Joint certificate of inheritance |
| Section 2358 | Investigations by the probate court |
| Section 2359 | Requirements for the issue of a certificate of inheritance |
| Section 2360 | (repealed) |
| Section 2361 | Withdrawal or declaration of invalidity of an inaccurate certificate of inheritance |
| Section 2362 | Claim for return and information by the true heir |
| Section 2363 | Contents of the certificate of inheritance for the prior heir |
| Section 2364 | Indication of the executor in the certificate of inheritance, claim for delivery by the executor |
| Section 2365 | Presumption of legitimacy of the certificate of inheritance |
| Section 2366 | Presumption of the authenticity of the certificate of inheritance |
| Section 2367 | Performance for the person named as heir in the certificate of inheritance |
| Section 2368 | Executor's certificate |
| Section 2369 | Certificate of inheritance limited to objects |
| Section 2370 | Presumption of authenticity of declaration of death |
| Division 9 Purchase of an inheritance | |
| Section 2371 | Form |
| Section 2372 | Advantages due to purchaser |
| Section 2373 | Parts remaining for the seller |
| Section 2374 | Duty to return |
| Section 2375 | Duty to compensate |
| Section 2376 | Liability of the seller |
| Section 2377 | Restoration of extinguished legal relationships |
| Section 2378 | Obligations of the estate |
| Section 2379 | Emoluments and charges prior to the sale |
| Section 2380 | Passing of the risk, emoluments and charges after the sale |
| Section 2381 | Reimbursement of outlays and expenses |
| Section 2382 | Liability of the purchaser in relation to the creditors of the estate |
| Section 2383 | Scope of liability of the purchaser |
| Section 2384 | The duty of notification of the seller towards the creditors of the estate, right of inspection |
| Section 2385 | Application to similar contracts |
