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German Civil Code
BGB

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▄bersetzung des BŘrgerlichen Gesetzbuches durch ein ▄bersetzer-Team des Langenscheidt ▄bersetzungsservice. Laufende Aktualisierung der ▄bersetzung durch Neil Mussett

Translation provided by the Langenscheidt Translation Service. Translation regularly updated by Neil Mussett

Stand: Die ▄bersetzung berŘcksichtigt die ─nderung(en) des Gesetzes durch Artikel 4 Abs. 5 des Gesetzes vom 1.10.2013 (BGBl. I S. 3719).

Version information: The translation includes the amendment(s) to the Act by Article 4 para. 5 of the Act of 1.10.2013 (Federal Law Gazette I p. 3719).

ę 2014 juris GmbH, SaarbrŘcken

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Book 1
General Part
Division 1
Persons
Title 1
Natural persons, consumers, entrepreneurs
Sectioná1Beginning of legal capacity
Sectioná2Beginning of majority
Sectionsá3 – 6(repealed)
Sectioná7Residence; establishment and termination
Sectioná8Residence of persons who lack full capacity to contract
Sectioná9Residence of a soldier
Sectioná10(repealed)
Sectioná11Residence of a child
Sectioná12Right to a name
Sectioná13Consumer*)
Sectioná14Entrepreneur*)
Sectionsá15 - 20(repealed)
Title 2
Legal persons
Subtitle 1
Associations
Chapter 1
General provisions
Sectioná21Non-commercial association
Sectioná22Commercial association
Sectioná23(repealed)
Sectioná24Seat
Sectioná25Constitution
Sectioná26Board and representation
Sectioná27Appointment of and management by the board
Sectioná28Passing of resolutions by the board
Sectioná29Emergency appointment by local court [Amtsgericht]
Sectioná30Special representatives
Sectioná31Liability of an association for organs
Sectioná31aLiability of members of executive bodies and special representatives
Section 31b Liability of members of the association
Sectioná32General meeting; passing of resolutions
Sectioná33Amendment of articles of association
Sectioná34Exclusion from voting
Sectioná35Special rights
Sectioná36Convening of the general meeting
Sectioná37Convening a meeting at the request of a minority
Sectioná38Membership
Sectioná39Leaving the association
Sectioná40Flexible provisions
Sectioná41Dissolution of the association
Sectioná42Insolvency
Sectioná43Deprivation of legal personality
Sectioná44Jurisdiction and proceedings
Sectioná45Devolution of the assets of the association
Sectioná46Devolution on the treasury
Sectioná47Liquidation
Sectioná48Liquidators
Sectioná49Duties of the liquidators
Sectioná50Public notice of the association in liquidation
Sectioná50aNewspaper for notices
Sectioná51One-year waiting period
Sectioná52Security for creditors
Sectioná53Liability in damages of the liquidators
Sectioná54Associations without legal personality
Chapter 2
Registered associations
Sectioná55Jurisdiction over entry in the register
Sectioná55aElectronic register of associations
Sectioná56Minimum number of members of the association
Sectioná57Minimum requirements of the articles of association
Sectioná58Recommended contents of the articles of association
Sectioná59Application for registration
Sectioná60Rejectionáof the application
Sectionsá61 - 63(repealed)
Sectioná64Contents of the entry in the register of associations
Sectioná65Addition to name
Sectioná66Public notice of the entry and safekeeping of documents
Sectioná67Changes to the board
Sectioná68Protectionáof public confidence by the register of associations
Sectioná69Evidence of composition of the board
Sectioná70Protectionáof public confidence in case of entries on power of agency; passing resolutions
Sectioná71Amendments of the articles of association
Sectioná72Certificate on number of members
Sectioná73Decrease in numbers of members
Sectioná74Dissolution
Sectioná75Entries in the case of insolvency
Sectioná76Entry in case of liquidation
Sectioná77Parties obliged to notify and form of notification
Sectioná78Assessment of coercive fines
Sectioná79Inspectionáof the register of associations
Subtitle 2
Foundations
Sectioná80Formation of a foundation having legal personality
Sectioná81Endowment transaction
Sectioná82Duty of founder to make transfers
Sectioná83Testamentary foundation
Sectioná84Recognition after the death of the founder
Sectioná85Constitution of foundation
Sectioná86Application of law on associations
Sectioná87Change of objects; termination
Sectioná88Devolution of property
Subtitle 3
Legal persons under public law
Sectioná89Liability for organs; insolvency
Division 2
Things and animals
Sectioná90Concept of the thing
Sectioná90aAnimals
Sectioná91Fungible things
Sectioná92Consumable things
Sectioná93Essential parts of a thing
Sectioná94Essential parts of a plot of land or a building
Sectioná95Merely temporary purpose
Sectioná96Rights as parts of a plot of land
Sectioná97Accessories
Sectioná98Commercial and agricultural inventory
Sectioná99Fruits
Sectioná100Emoluments
Sectioná101Division of fruits
Sectioná102Reimbursement of costs of production
Sectioná103Allocation of charges
Division 3
Legal transactions
Title 1
Capacity to contract
Sectioná104Incapacity to contract
Sectioná105Voidness of declaration of intent
Sectioná105aEveryday transactions
Sectioná106Limited capacity for minors to contract
Sectioná107Consent of legal representative
Sectioná108Entry into a contract without consent
Sectioná109Right of revocation of the other party
Sectioná110Payment by minor with own means
Sectioná111Unilateral legal transactions
Sectioná112Independent operation of a trade or business
Sectioná113Service or employment relationship
Sectionsá114, 115(repealed)
Title 2
Declaration of intent
Sectioná116Mental reservation
Sectioná117Sham transaction
Sectioná118Lack of seriousness
Sectioná119Voidability for mistake
Sectioná120Voidability for incorrect transmission
Sectioná121Period for avoidance
Sectioná122Liability in damages of the person declaring avoidance
Sectioná123Voidability on the grounds of deceit or duress
Sectioná124Period for avoidance
Sectioná125Voidness resulting from a defect of form
Sectioná126Written form
Sectioná126aElectronic form
Sectioná126bText form
Sectioná127Agreed form
Sectioná127aCourt settlement
Sectioná128Notarial recording
Sectioná129Official certification
Sectioná130Effectiveness of a declaration of intent to absent parties
Sectioná131Effectiveness in relation to persons without full capacity to contract
Sectioná132Substitution of service for receipt
Sectioná133Interpretation of a declaration of intent
Sectioná134Statutory prohibition
Sectioná135Statutory prohibition of disposal
Sectioná136Official prohibition of disposal
Sectioná137Prohibition of dispositions in a legal transaction
Sectioná138Legal transaction contrary to public policy; usury
Sectioná139Partial invalidity
Sectioná140Re-interpretation
Sectioná141Confirmation of a void legal transaction
Sectioná142Effect of avoidance
Sectioná143Declaration of avoidance
Sectioná144Confirmation of a voidable legal transaction
Title 3
Contract
Sectioná145Binding effect of an offer
Sectioná146Expiry of an offer
Sectioná147Period for acceptance
Sectioná148Fixing a period for acceptance
Sectioná149Late receipt of a declaration of acceptance
Sectioná150Late and altered acceptance
Sectioná151Acceptance without declaration to the offeror
Sectioná152Acceptance by notarial recording
Sectioná153Death or incapacity to contract of the offeror
Sectioná154Overt lack of agreement; lack of notarial recording
Sectioná155Hidden lack of agreement
Sectioná156Entry into contracts at auctions
Sectioná157Interpretation of contracts
Title 4
Conditions and specification of time
Sectioná158Conditions precedent and subsequent
Sectioná159Retroactive effect
Sectioná160Liability in the period of suspense
Sectioná161Ineffectiveness of dispositions in the period of suspense
Sectioná162Prevention of or bringing about the satisfaction of the condition
Sectioná163Specification of time
Title 5
Agency and authority
Sectioná164Effect of a declaration made by the agent
Sectioná165Agent with limited capacity to contract
Sectioná166Absence of intent; imputed knowledge
Sectioná167Conferment of authority
Sectioná168Expiry of authority
Sectioná169Authority of the authorised representative and the managing partner
Sectioná170Period of effectiveness of the authority
Sectioná171Period of effectiveness in the case of announcement
Sectioná172Letter of authorisation
Sectioná173Period of effectiveness in the case of knowledge and negligent lack of knowledge
Sectioná174Unilateral legal transaction by an authorised representative
Sectioná175Return of the letter of authorisation
Sectioná176Declaration of invalidity of the letter of authorisation
Sectioná177Entry into contract by an unauthorised agent
Sectioná178Right of revocation of the other party
Sectioná179Liability of an unauthorised agent
Sectioná180Unilateral legal transactions
Sectioná181Contracting with oneself
Title 6
Consent and ratification
Sectioná182Approval
Sectioná183Revocability of consent
Sectioná184Retroactive effect of ratification
Sectioná185Disposition by an unauthorised person
Division 4
Periods of time and fixed dates
Sectioná186Scope of applicability
Sectioná187Beginning of a period of time
Sectioná188End of a period of time
Sectioná189Calculation of individual periods of time
Sectioná190Extension of period
Sectioná191Calculation of periods of time
Sectioná192Beginning, middle and end of a month
Sectioná193Sundays and holidays; Saturdays
Division 5
Limitation
Title 1
Subject-matter and duration of limitation
Sectioná194Subject-matter of limitation
Sectioná195Standard limitation period
Sectioná196Limitation period for rights to a plot of land
Sectioná197Thirty-year limitation period
Sectioná198Limitation in the case of a successor in title
Sectioná199Commencement of the standard limitation period and maximum limitation periods
Sectioná200Commencement of other limitation periods
Sectioná201Commencement of the limitation period for recognised claims
Sectioná202Inadmissibility of agreements on limitation
Title 2
Suspension, suspension of expiry and recommencement of the limitation period
Sectioná203Suspension of limitation in the case of negotiations
Sectioná204Suspension of limitation as a result of prosecution of rights
Sectioná205Suspension of limitation in the case of a right to refuse performance
Sectioná206Suspension of limitation in case of force majeure
Sectioná207Suspension of limitation for family and other reasons
Sectioná208Suspension of limitation in the case of claims for infringement of the right to sexual self-determination
Sectioná209Effect of suspension
Sectioná210Suspension of expiry of the limitation period in the case of persons without full capacity to contract
Sectioná211Suspension of expiry in matters relating to estates
Sectioná212Recommencement of the limitation period
Sectioná213Suspension, suspension of expiry and recommencement of limitation in the case of other claims
Title 3
Legal consequences of limitation
Sectioná214Effect of limitation
Sectioná215Set-off and right of retention after a claim is statute-barred
Sectioná216Effect of limitation in the case of secured claims
Sectioná217Limitation of collateral performance
Sectioná218Ineffectiveness of revocation
Sectionsá219 - 225(repealed)
Division 6
Exercise of rights, self-defence, self-help
Sectioná226Prohibition of chicanery
Sectioná227Self-defence against persons
Sectioná228Necessity
Sectioná229Self-help
Sectioná230Limits of self-help
Sectioná231Self-help by mistake
Division 7
Provision of security
Sectioná232Types
Sectioná233Effect of deposit
Sectioná234Suitable securities
Sectioná235Right to exchange
Sectioná236Registered claims
Sectioná237Movable things
Sectioná238Mortgages, land charges and annuity land charges
Sectioná239Surety
Sectioná240Duty to supplement security
Book 2
Law of Obligations
Division 1
Subject matter of obligations
Title 1
Duty of performance
Sectioná241Duties arising from an obligation
Sectioná241aUnsolicited performance*)
Sectioná242Performance in good faith
Sectioná243Obligation in kind
Sectioná244Foreign currency obligation
Sectioná245Obligation payable in a specific denomination of money
Sectioná246Statutory interest rate
Sectioná247Basic rate of interest
Sectioná248Compound interest
Sectioná249Nature and extent of damages
Sectioná250Damages in money after the specification of a period of time
Sectioná251Damages in money without the specification of a period of time
Sectioná252Lost profits
Sectioná253Intangible damage
Sectioná254Contributory negligence
Sectioná255Assignment of claims to compensation
Sectioná256Payment of interest on expenses
Sectioná257Claim for release
Sectioná258Right of removal
Sectioná259Extent of duty to render account
Sectioná260Duties when returning or providing information on an aggregate of objects
Sectioná261Modifying a declaration in lieu of an oath; costs
Sectioná262Alternative obligation; right of choice
Sectioná263Exercise of the right of choice; effect
Sectioná264Default by the person entitled to the right of choice
Sectioná265Impossibility in case of alternative obligations
Sectioná266Part performance
Sectioná267Performance by third parties
Sectioná268Right of redemption of a third party
Sectioná269Place of performance
Sectioná270Place of payment
Sectioná271Time of performance
Sectioná272Interim interest
Sectioná273Right of retention
Sectioná274Effects of the right of retention
Sectioná275Exclusion of the duty of performance*)
Sectioná276Responsibility of the obligor
Sectioná277Standard of care in ones own affairs
Sectioná278Responsibility of the obligor for third parties
Sectioná279(repealed)
Sectioná280Damages for breach of duty
Sectioná281Damages in lieu of performance for nonperformance or failure to render performance as owed
Sectioná282Damages in lieu of performance for breach of a duty under sectioná241 (2)
Sectioná283Damages in lieu of performance where the duty of performance is excluded
Sectioná284Reimbursement of futile expenses
Sectioná285Return of reimbursement
Sectioná286Default of the obligor*)
Sectioná287Liability during default
Sectioná288Default interest*)
Sectioná289Prohibition of compound interest
Sectioná290Interest on compensation for value
Sectioná291Interest during legal proceedings
Sectioná292Liability in the case of a duty to return
Title 2
Default by the obligee
Sectioná293Default in acceptance
Sectioná294Actual offer
Sectioná295Verbal offer
Sectioná296Dispensability of the offer
Sectioná297Inability of the obligor
Sectioná298Concurrent performance
Sectioná299Temporary prevention of acceptance
Sectioná300Effects of default by the obligee
Sectioná301Cessation of interest
Sectioná302Emoluments
Sectioná303Right to abandon possession
Sectioná304Compensation for extra expenses
Division 2
Drafting contractual obligations by means of standard business terms
Sectioná305Incorporation of standard business terms into the contract
Sectioná305aIncorporation in special cases
Sectioná305bPriority of individually agreed terms
Sectioná305cSurprising and ambiguous clauses
Sectioná306Legal consequences of non-incorporation and ineffectiveness
Sectioná306aProhibition of circumvention
Sectioná307Test of reasonableness of contents
Sectioná308Prohibited clauses with the possibility of evaluation
Sectioná309Prohibited clauses without the possibility of evaluation
Sectioná310Scope of application
Division 3
Contractual obligations
Title 1
Creation, subject matter and termination
Subtitle 1
Creation
Sectioná311Obligations created by legal transaction and obligations similar to legal transactions
Sectioná311aObstacle to performance when contract is entered into
Sectioná311bContracts on plots of land, assets and an estate
Sectioná311cApplication to accessories
Subtitle 2
Particular types of sale*)
Sectioná312Right of revocation in the case of doorstep transactions
Sectioná312aRelationship to other provisions
Sectioná312bDistance contracts
Sectioná312cGiving information to a consumer in distance contracts
Sectioná312dRight of revocation and right of return in distance contracts
Sectioná312eCompensation for value with distance contracts
Sectioná312fContracts added to distance contracts on financial services
Sectioná312gDuties in electronic business dealings
Sectioná312hTermination and power of attorney to terminate
Sectioná312iDeviating agreements
Subtitle 3
Adaptation and ending of contracts
Sectioná313Interference with the basis of the transaction
Sectioná314Termination, for a compelling reason, of contracts for the performance of a continuing obligation
Subtitle 4
Unilateral rights to specify performance
Sectioná315Specification of performance by one party
Sectioná316Specification of consideration
Sectioná317Specification of performance by a third party
Sectioná318Avoidance of specification
Sectioná319Ineffectiveness of the specification; substitution
Title 2
Reciprocal contracts
Sectioná320Defence of unperformed contract
Sectioná321Defence of uncertainty
Sectioná322Order to perform reciprocally and simultaneously
Sectioná323Revocation for nonperformance or for performance not in conformity with the contract*)
Sectioná324Revocation for breach of a duty under sectioná241 (2)
Sectioná325Damages and revocation
Sectioná326Release from consideration and revocation where the duty of performance is excluded*)
Sectioná327(repealed)
Title 3
Promise of performance to a third party
Sectioná328Contract for the benefit of third parties
Sectioná329Interpretation rule where there is an assumption of the duty to perform
Sectioná330Interpretation rule in the case of life annuity contracts
Sectioná331Performance after death
Sectioná332Modification by disposition mortis causa in case of reservation
Sectioná333Rejectionáof the right by the third party
Sectioná334Objectionsáof the obligor in relation to the third party
Sectioná335Right of the promisee to make demands
Title 4
Earnest, contractual penalty
Sectioná336Interpretation of earnest
Sectioná337Crediting or return of the earnest
Sectioná338Earnest in case of impossibility of performance for which giver of earnest is responsible
Sectioná339Payability of contractual penalty
Sectioná340Promise to pay a penalty for nonperformance
Sectioná341Promise of a penalty for improper performance
Sectioná342Alternatives to monetary penalty
Sectioná343Reduction of the penalty
Sectioná344Ineffective promise of a penalty
Sectioná345Burden of proof
Title 5
Revocation; right of revocation and right of return in consumer contracts
Subtitle 1
Revocation
Sectioná346Effects of revocation
Sectioná347Emoluments and outlays after revocation
Sectioná348Reciprocal and simultaneous performance
Sectioná349Declaration of revocation
Sectioná350Extinction of the right of revocation after a period of time has been specified
Sectioná351Indivisibility of the right of revocation
Sectioná352Set-off after nonperformance
Sectioná353Revocation in return for forfeit money
Sectioná354Forfeiture of rights
Subtitle 2
Right of revocation and right of return in consumer contracts
Sectioná355Right of revocation in consumer contracts
Sectioná356Right of return in consumer contracts
Sectioná357Legal consequences of revocation and return
Sectioná358Connected contracts
Sectioná359Objectionsáin the case of connected contracts
Sectioná359aScope of application
Sectioná360Instruction regarding revocation and return
Sectioná361(repealed)
Division 4
Extinction of obligations
Title 1
Performance
Sectioná362Extinction by performance
Sectioná363Burden of proof in the case of acceptance as performance of contract
Sectioná364Acceptance in lieu of performance of contract
Sectioná365Warranty in the case of performance in lieu of performance of contract
Sectioná366Crediting of performance to more than one claim
Sectioná367Crediting to interest and costs
Sectioná368Receipt
Sectioná369Costs of the receipt
Sectioná370Performance to the bringer of the receipt
Sectioná371Return of the certificate of indebtedness
Title 2
Deposit
Sectioná372Requirements
Sectioná373Reciprocal and simultaneous performance
Sectioná374Place of deposit; duty to notify
Sectioná375Retroactive effect with dispatch by mail
Sectioná376Right to take back
Sectioná377Unpledgeability of the right to take back
Sectioná378Effect of deposit where taking back is excluded
Sectioná379Effect of deposit where taking back is not excluded
Sectioná380Proof of entitlement to receive
Sectioná381Costs of deposit
Sectioná382Extinction of the right of the obligee
Sectioná383Auction of things not capable of deposit
Sectioná384Warning of auction
Sectioná385Sale by private agreement
Sectioná386Costs of the auction
Title 3
Set-off
Sectioná387Requirements
Sectioná388Declaration of set-off
Sectioná389Effect of set-off
Sectioná390No set-off against a claim subject to a defence
Sectioná391Set-off with different places of performance
Sectioná392Set-off against a seized claim
Sectioná393No set-off against a claim in tort
Sectioná394No set-off against an unpledgeable claim
Sectioná395Set-off against claims of public-law corporations
Sectioná396More than one claim
Title 4
Forgiveness
Sectioná397Contract of forgiveness, acknowledgement of non-indebtedness
Division 5
Transfer of a claim
Sectioná398Assignment
Sectioná399Exclusion of assignment in case of change of contents or by agreement
Sectioná400Exclusion in case of unpledgeable claims
Sectioná401Passing of accessory rights and preferential rights
Sectioná402Duty of information; provision of documents
Sectioná403Duty of notarial recording
Sectioná404Objectionsáof the obligor
Sectioná405Assignment with presentation of documents
Sectioná406Set-off in relation to the new obligee
Sectioná407Legal acts in relation to the previous obligee
Sectioná408Multiple assignment
Sectioná409Notice of assignment
Sectioná410Delivery of the assignment document
Sectioná411Assignment of salary
Sectioná412Statutory passing of claims
Sectioná413Transfer of other rights
Division 6
Assumption of debt
Sectioná414Contract between obligee and transferee
Sectioná415Contract between obligor and transferee
Sectioná416Assumption of a mortgage debt
Sectioná417Objectionsáof the transferee
Sectioná418Extinction of security rights and preferential rights
Sectioná419(repealed)
Division 7
More than one obligor and obligee
Sectioná420Divisible performance
Sectioná421Joint and several debtors
Sectioná422Effect of performance
Sectioná423Effect of forgiveness
Sectioná424Effect of default by the obligee
Sectioná425Effect of other facts
Sectioná426Duty to adjust advancements, passing of claim
Sectioná427Joint contractual duty
Sectioná428Joint and several creditors
Sectioná429Effect of changes
Sectioná430Duty of the joint and several creditors to adjust advancements
Sectioná431More than one obligor of indivisible performance
Sectioná432More than one obligee of indivisible performance
Division 8
Particular types of obligations
Title 1
Purchase, exchange
Subtitle 1
General provisions
Sectioná433Typical contractual duties in a purchase agreement
Sectioná434Material defects
Sectioná435Legal defects
Sectioná436Public charges on plots of land
Sectioná437Rights of buyer in the case of defects
Sectioná438Limitation of claims for defects
Sectioná439Cure
Sectioná440Special provisions on revocation and damages
Sectioná441Reduction of price
Sectioná442Knowledge of the buyer
Sectioná443Guarantee of quality and durability
Sectioná444Exclusion of liability
Sectioná445Limitation of liability in the case of public auctions
Sectioná446Passing of risk and of charges
Sectioná447Passing of risk in the case of sales shipment
Sectioná448Costs of delivery and comparable costs
Sectioná449Retention of title
Sectioná450Excluded buyers in the case of certain sales
Sectioná451Purchase by excluded buyer
Sectioná452Purchase of a ship
Sectioná453Purchase of rights
Subtitle 2
Special types of purchase
Chapter 1
Purchase on approval
Sectioná454Coming into existence of the purchase agreement
Sectioná455Approval period
Chapter 2
Repurchase
Sectioná456Coming into existence of the repurchase agreement
Sectioná457Liability of the reseller
Sectioná458Removal of third-party rights
Sectioná459Reimbursement of outlays
Sectioná460Repurchase at estimated value
Sectioná461More than one person entitled to repurchase
Sectioná462Cut-off period
Chapter 3
Preemption
Sectioná463Requirements for exercise
Sectioná464Exercise of the right of preemption
Sectioná465Ineffective agreements
Sectioná466Collateral performance
Sectioná467Total price
Sectioná468Deferral of the purchase price
Sectioná469Duty to notify, exercise period
Sectioná470Sale to heir on intestacy
Sectioná471Sale in case of execution of judgment or insolvency
Sectioná472More than one person with a right of preemption
Sectioná473Non-transferability
Subtitle 3
Purchase of consumer goods
Sectioná474The concept of purchase of consumer goods
Sectioná475Deviating agreements
Sectioná476Shifting the burden of proof
Sectioná477Special provisions for guarantees
Sectioná478Recourse of the entrepreneur
Sectioná479Limitation of recourse claims
Subtitle 4
Exchange
Sectioná480Exchange
Title 2
Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts
Sectioná481Time-share agreements
Sectioná481aContract relating to a long-term holiday product
Sectioná481bBrokerage contract, exchange system contract
Sectioná482Preliminary contract information, advertising and prohibition of sale as an investment
Sectioná482aNotification regarding revocation
Sectioná483Language of the contract and of the preliminary contract information
Sectioná484Form and content of the contract
Sectioná485Right of revocation
Sectioná485aRevocation period
Sectioná486Prohibition of down payment
Sectioná486aSpecial provisions for contracts relating to long-term holiday products
Sectioná487Deviating agreements
Title 3
Loan contract; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer
Subtitle 1
Loan contract
Chapter 1
General provisions
Sectioná488Typical contractual duties in a loan contract
Sectioná489Right of the borrower to give notice of termination
Sectioná490Right to terminate for cause
Chapter 2
Special provisions for consumer loan contracts
Sectioná491Consumer loan contract
Sectioná491aPreliminary contract information obligations with consumer loan contracts
Sectioná492Written form, contents of the contract
Sectioná493Information during the contractual relationship
Sectioná494Legal consequences of defects of form
Sectioná495Right of revocation
Sectioná496Waiver of objections, prohibition of bills of exchange and cheques
Sectioná497Default of the borrower
Sectioná498Calling in entire loan in the case of loans repayable in instalments
Sectioná499Right of the lender to terminate; right to refuse performance
Sectioná500Termination right of the borrower; early repayment
Sectioná501Cost reduction
Sectioná502Compensation for early termination
Sectioná503Real estate loan contracts
Sectioná504Granted overdraft
Sectioná505Tolerated overdraft
Subtitle 2
Financing assistance between an entrepreneur and a consumer
Sectioná506Postponement of payment, other financing assistance
Sectioná507Instalment payment transactions
Sectioná508Right of return, revocation with regard to instalment payment transactions
Sectioná509Verification of credit worthiness
Subtitle 3
Instalment supply contracts between an entrepreneur and a consumer
Sectioná510Contracts for delivery by instalments
Subtitle 4
Mandatory nature, application to founders of new businesses
Sectioná511Deviating agreements
Sectioná512Application to founders of new businesses
Sectionsá513 to 515(repealed)
Title 4
Donation
Sectioná516Concept of donation
Sectioná517Failure to acquire assets
Sectioná518Form of promise of donation
Sectioná519Defence of paying for necessaries
Sectioná520Expiry of the promise of an annuity
Sectioná521Liability of the donor
Sectioná522No default interest
Sectioná523Liability for legal defects
Sectioná524Liability for material defects
Sectioná525Donation subject to conditions
Sectioná526Refusal to fulfil the condition
Sectioná527Non-fulfilment of the condition
Sectioná528Claim for return due to impoverishment of the donor
Sectioná529Exclusion of claim for return
Sectioná530Revocation of donation
Sectioná531Declaration of revocation
Sectioná532Exclusion of revocation
Sectioná533Waiver of the right of revocation
Sectioná534Donations for duty and decency
Title 5
Lease, usufructuary lease
Subtitle 1
General provisions for leases
Sectioná535Contents and primary duties of the lease agreement
Sectioná536Rent reduction for material and legal defects
Sectioná536aClaim of lessee for damages and reimbursement of expenses due to a defect
Sectioná536bLessee knows of the defect upon entering into the agreement or upon acceptance
Sectioná536cDefects occurring during the lease period; notice of defect by the lessee
Sectioná536dContractual exclusion of rights of lessee with regard to defects
Sectioná537Payment of rent when the lessee is unable to be present in person
Sectioná538Wear and tear on the leased property from use in conformity with the contract
Sectioná539Reimbursement of other expenses and right of removal of the lessee
Sectioná540Permitting use by third parties
Sectioná541Application for injunction for use in breach of contract
Sectioná542End of the lease
Sectioná543Termination for cause without notice for a compelling reason
Sectioná544Lease for more than thirty years
Sectioná545Tacit extension of the lease
Sectioná546Duty of lessee to return
Sectioná546aCompensation of the lessor in the case of late return
Sectioná547Reimbursement of rent paid in advance
Sectioná548Limitation of compensation claims and right of removal
Subtitle 2
Leases for residential space
Chapter 1
General provisions
Sectioná549Provisions applicable to leases of residential space
Sectioná550Form of the lease agreement
Sectioná551Restriction and investment of rent security deposits
Sectioná552Warding off the right of removal of the lessee
Sectioná553Permitting use by third parties
Sectioná554aAccessibility
Sectioná555Ineffectiveness of contractual penalty
Section 555a Structural maintenance measures
Section 555b Modernisation measures
Section 555c Announcement of modernisation measures
Section 555d Toleration of modernisation measures, time limit
Section 555e Special termination right of the lessee in case of modernisation measures
Section 555f Agreements on structural maintenance or modernisation measures
Chapter 2
Rent
Subchapter 1
Agreements on rent
Sectioná556Agreements on operating costs
Sectioná556aAccounting criterion for operating costs
Sectioná556bDue date of rent, right to set-off and right of retention
Section 556c Costs of heat supply as operational costs, empowerment to issue an ordinance
Subchapter 2
Provisions on the rent amount
Sectioná557Increases in rent by agreement or law
Sectioná557aStepped rent
Sectioná557bIndexed rent
Sectioná558Increase in rent up to the reference rent customary in the locality
Sectioná558aForm and justification of the rent increase
Sectioná558bApproval of a rent increase
Sectioná558cList of representative rents
Sectioná558dExpert list of representative rents
Sectioná558eRent database
Sectioná559Rent increase after modernisation measures
Sectioná559aCrediting of third-party funds
Sectioná559bAssertion of an increase; effect of declaration of increase
Sectioná560Changes in operating costs
Sectioná561Special right of termination of the lessee following a rent increase
Chapter 3
Security right of the lessor
Sectioná562Extent of the security right of the lessor
Sectioná562aExtinction of the security right of the lessor
Sectioná562bSelf-help; claim for return
Sectioná562cWarding off the security right by provision of security
Sectioná562dAttachment by a third party
Chapter 4
Change of parties to the contract
Sectioná563Right of succession upon death of the lessee
Sectioná563aContinuation with surviving lessees
Sectioná563bLiability in the case of succession or continuation
Sectioná564Continuation of the lease with the heir; termination for cause
Sectioná565Commercial subletting
Sectioná566Purchase is subject to existing leases
Sectioná566aRent security deposit
Sectioná566bAdvance disposition of the rent
Sectioná566cAgreement between lessee and lessor on the rent
Sectioná566dSet-off by the lessee
Sectioná566eNotification by the lessor of passing of ownership
Sectioná567Encumbrance of the residential space by the lessor
Sectioná567aDisposal or encumbrance prior to permission of use of residential space
Sectioná567bFurther disposal or encumbrance by the acquirer
Chapter 5
Termination of the lease
Subchapter 1
General provisions
Sectioná568Form and contents of the notice of termination
Sectioná569Termination for cause without notice for a compelling reason
Sectioná570Exclusion of the right of retention
Sectioná571Further damages for late return of residential space
Sectioná572Agreement on right of revocation; lease subject to condition subsequent
Subchapter 2
Leases for an indefinite period of time
Sectioná573Notice of termination by the lessor
Sectioná573aSimplified termination by the lessor
Sectioná573bPartial termination by the lessor
Sectioná573cTermination notice periods
Sectioná573dTermination for cause with the statutory notice period
Sectioná574Objectionáof lessee to termination
Sectioná574aContinuation of lease after objection
Sectioná574bForm and period of objection
Sectioná574cFurther continuation of lease in the case of unforeseen circumstances
Subchapter 3
Leases for a definite period of time
Sectioná575Fixed-term lease
Sectioná575aTermination for cause with the statutory notice period
Subchapter 4
Tied dwellings
Sectioná576Periods for notice of termination in the case of tied leased dwellings
Sectioná576aSpecial features of the right of objectionáin the case of tied leased dwellings
Sectioná576bApplication of landlord and tenant law with the necessary modifications in connectionáwith tied dwellings
Chapter 6
Special features when creating apartment ownership of leased residences
Sectioná577Right of preemption of the lessee
Sectioná577aRestriction on notice of termination in connectionáwith conversion of the dwelling
Subtitle 3
Leases of other things
Sectioná578Leases of plots of land and premises
Sectioná578aLease of registered ships
Sectioná579Due date of the rent
Sectioná580Notice of termination for cause in the case of the death of the lessee
Sectioná580aNotice periods
Subtitle 4
Usufructuary lease
Sectioná581Typical contractual duties in a usufructuary lease
Sectioná582Maintenance of inventory
Sectioná582aTaking over inventory at its estimated value
Sectioná583Security right of usufructuary lessee over inventory
Sectioná583aRestrictions on disposition of inventory
Sectioná584Notice period
Sectioná584aExclusion of certain rights of termination under landlord and tenant law
Sectioná584bLate return
Subtitle 5
Farm lease
Sectioná585Concept of farm lease
Sectioná585aForm of a farm lease
Sectioná585bDescription of the leased property
Sectioná586Typical contractual duties in a farm lease
Sectioná586aEncumbrances on the leased property
Sectioná587Due date of rent; payment of rent where the usufructuary lessee is personally prevented
Sectioná588Measures of maintenance or improvement
Sectioná589Surrender of use to third parties
Sectioná590Change of agricultural purpose or of previous use
Sectioná590aUse in breach of contract
Sectioná590bNecessary outlays
Sectioná591Outlays that increase value
Sectioná591aRemoval of installations
Sectioná591bLimitation of compensation claims
Sectioná592Security right of the usufructuary lessor
Sectioná593Amendment of farm leases
Sectioná593aTransfer of a business
Sectioná593bDisposal or encumbrance of the leased property
Sectioná594Termination and extension of the lease
Sectioná594aNotice periods
Sectioná594bLease for more than thirty years
Sectioná594cTermination in the case of occupational disability of the usufructuary lessee
Sectioná594dDeath of the usufructuary lessee
Sectioná594eTermination for cause without notice for a compelling reason
Sectioná594fWritten form of termination
Sectioná595Continuation of the lease
Sectioná595aEarly notice of termination of farm leases
Sectioná596Return of the leased property
Sectioná596aDuty to compensate for early termination of lease
Sectioná596bDuty to leave behind
Sectioná597Late return
Title 6
Gratuitous loan
Sectioná598Typical contractual duties in the case of a gratuitous loan
Sectioná599Liability of the lender
Sectioná600Liability for defects
Sectioná601Reimbursement of outlays
Sectioná602Wear and tear on the thing
Sectioná603Use in conformity with the contract
Sectioná604Duty to return
Sectioná605Right of termination
Sectioná606Short limitation period
Title 7
Contract for the loan of a thing
Sectioná607Typical contractual duties in a contract for the loan of a thing
Sectioná608Termination
Sectioná609Payment
Sectioná610(repealed)
Title 8
Service contract and similar contracts
Subtitle 1
Service contract
Sectioná611Typical contractual duties in a service contract
Sectionsá611a and 611b(repealed)
Sectioná612Remuneration
Sectioná612aProhibition of victimisation
Sectioná613Non-transferability
Sectioná613aRights and duties in the case of transfer of business
Sectioná614Due date of remuneration
Sectioná615Remuneration in the case of default in acceptance and business risk
Sectioná616Temporary prevention from performing services
Sectioná617Duty of medical care
Sectioná618Duty to undertake protective measures
Sectioná619Absolute nature of welfare duties
Sectioná619aBurden of proof when the employee is liable
Sectioná620Termination of services relationship
Sectioná621Notice periods for service relationships
Sectioná622Notice periods in the case of employment relationships
Sectioná623Written form of termination
Sectioná624Notice period in the case of contracts lasting more than five years
Sectioná625Tacit extension
Sectioná626Termination without notice for a compelling reason
Sectioná627Termination without notice in the case of a position of trust
Sectioná628Partial remuneration and damages in case of termination without notice
Sectioná629Time off for search for employment
Sectioná630Duty to provide a reference
Subtitle 2
Treatment contract
Section 630a Duties typical of the contract in the treatment contract
Section 630b Applicable provisions
Section 630c Cooperation between the contracting parties; obligations to provide information
Section 630d Consent
Section 630e Obligations to provide information
Section 630f Documentation of the treatment
Section 630g Inspection of the medical records
Section 630h The burden of proof in case of liability for malpractice and errors in providing information
Title 9
Contract to produce a work and similar contracts
Subtitle 1
Contract to produce a work
Sectioná631Typical contractual duties in a contract to produce a work
Sectioná632Remuneration
Sectioná632aPart payments
Sectioná633Material defects and legal defects
Sectioná634Rights of the customer in the case of defects
Sectioná634aLimitation of claims for defects
Sectioná635Cure
Sectioná636Special provisions on revocation and damages
Sectioná637Self-help
Sectioná638Reduction of price
Sectioná639Exclusion of liability
Sectioná640Acceptance
Sectioná641Due date of remuneration
Sectioná641a(repealed)
Sectioná642Collaboration by the customer
Sectioná643Termination for failure to collaborate
Sectioná644Allocation of risk
Sectioná645Responsibility of the customer
Sectioná646Completion in lieu of acceptance
Sectioná647Security right of the contractor
Sectioná648Mortgage of a building contractor
Sectioná648aBuilder’s security
Sectioná649Right of termination of the customer
Sectioná650Cost estimate
Sectioná651Application of sale of goods law*)
Subtitle 2
Package travel contract*)
Sectioná651aTypical contractual duties in a package travel contract
Sectioná651bTransfer of contract
Sectioná651cRelief
Sectioná651dReduction of price
Sectioná651eTermination for defect
Sectioná651fDamages
Sectioná651gCut-off period; limitation
Sectioná651hAdmissible limitation of liability
Sectioná651iRevocation prior to commencement of travel
Sectioná651jTermination due to force majeure
Sectioná651kGuarantee; payment
Sectioná651lExchange student stays
Sectioná651mDeviating agreements
Title 10
Brokerage contract
Subtitle 1
General provisions
Sectioná652Accrual of fee claim
Sectioná653Brokerage fee
Sectioná654Forfeiture of the fee claim
Sectioná655Reduction of the brokerage fee
Subtitle 2
Brokerage of consumer loan contracts
Sectioná655aLoan brokerage contract
Sectioná655bWritten form with a contract with a consumer
Sectioná655cRemuneration
Sectioná655dAncillary payment
Sectioná655eDeviating agreements, application to founders of new businesses
Subtitle 3
Marriage broking
Sectioná656Marriage broking
Title 11
Promise of a reward
Sectioná657Binding promise
Sectioná658Revocation
Sectioná659Act undertaken more than once
Sectioná660Collaboration by more than one person
Sectioná661Prize competition
Sectioná661aPromises of prizes
Title 12
Mandate, contract for the management of the affairs of another and payment services
Subtitle 1
Mandate
Sectioná662Typical contractual duties in a mandate
Sectioná663Duty to notify when rejecting
Sectioná664Non-transferability; liability for assistants
Sectioná665Deviation from instructions
Sectioná666Duty of information and duty to render account
Sectioná667Duty to return
Sectioná668Interest on money spent
Sectioná669Duty of advance payment
Sectioná670Reimbursement of expenses
Sectioná671Revocation; termination
Sectioná672Death or incapacity to contract of the mandator
Sectioná673Death of the mandatary
Sectioná674Legal fiction of continuation
Subtitle 2
Contract for the management of the affairs of another
Sectioná675Nongratuitous management of the affairs of another
Sectioná675aDuties to provide information
Sectioná675bOrders to transfer securities in systems
Subtitle 3
Payment services
Chapter 1
General provisions
Sectioná675cPayment services and electronic money
Sectioná675dInformation on payment services
Sectioná675eDerogating agreements
Chapter 2
Payment services contract
Sectioná675fPayment services contract
Sectioná675gAmendment of the framework contract for payment services
Sectioná675hOrdinary termination of a framework contract for payment services
Sectioná675iExceptions for low-value payment instruments and electronic money
Chapter 3
Provision and use of payment services
Subchapter 1
Authorisation of payment transactions; payment authentication instruments
Sectioná675jConsent and withdrawal of consent
Sectioná675kRestriction on use
Sectioná675lObligations of the payer with regard to payment authentication instruments
Sectioná675m Obligations of the payment service provider with regard to payment authentication instruments; risk of dispatch
Subchapter 2
Execution of payment transactions
Sectioná675nReceipt of payment orders
Sectioná675oRefusal of payment orders
Sectioná675pIrrevocability of a payment order
Sectioná675qCharges for payment transactions
Sectioná675rExecution of a payment transaction using unique identifiers
Sectioná675sExecution deadline for payment transactions
Sectioná675tValue date and availability of funds
Subchapter 3
Liability
Sectioná675uLiability of the payment service provider for unauthorised payment transactions
Sectioná675vLiability of the payer in case of abusive use of a payment authentication instrument
Sectioná675wProof of authentication
Sectioná675xRefund claim in case of an authorised payment transaction initiated by or through the payee
Sectioná675yLiability of the payment service provider in case of non-execution or defective execution of a payment order; obligation to make enquiries
Sectioná675zOther claims in case of non-execution or erroneous execution of a payment order or an unauthorised payment transaction
Sectioná676Proof of execution of payment transactions
Sectioná676aEqualisation claim
Sectioná676bNotification of unauthorised or erroneously executed payment transactions
Sectioná676cDisclaimer
Title 13
Agency without specific authorisation
Sectioná677Duties of the voluntary agent
Sectioná678Agency contrary to the will of the principal
Sectioná679Irrelevance of the contrary will of the principal
Sectioná680Agency to ward off danger
Sectioná681Ancillary duties of the voluntary agent
Sectioná682Lack of capacity to contract on the part of the voluntary agent
Sectioná683Reimbursement of expenses
Sectioná684Return of enrichment
Sectioná685Intention to donate
Sectioná686Error as to the identity of the principal
Sectioná687False agency without specific authorisation
Title 14
Safekeeping
Sectioná688Typical contractual duties in safekeeping
Sectioná689Remuneration
Sectioná690Liability for gratuitous safekeeping
Sectioná691Deposit with third parties
Sectioná692Change of safekeeping
Sectioná693Reimbursement of expenses
Sectioná694Liability in damages of the depositor
Sectioná695Right of the depositor to demand return
Sectioná696Claim of depositary for repossession of the thing deposited
Sectioná697Place for return
Sectioná698Interest on money spent
Sectioná699Due date of remuneration
Sectioná700Irregular safekeeping contract
Title 15
Bringing things onto the premises of innkeepers
Sectioná701Liability of the innkeeper
Sectioná702Limitation of liability; valuables
Sectioná702aRelease from liability
Sectioná703Extinction of the claim for damages
Sectioná704Security right of the innkeeper
Title 16
Partnership
Sectioná705Contents of partnership agreement
Sectioná706Contributions of the partners
Sectioná707Increase of the agreed contribution
Sectioná708Liability of the partners
Sectioná709Joint management
Sectioná710Transfer of management
Sectioná711Right to object
Sectioná712Revocation and dismissal of management
Sectioná713Rights and duties of managing partners
Sectioná714Power of agency
Sectioná715Revocation of the power of agency
Sectioná716Right of control of the partners
Sectioná717Non-transferability of partner rights
Sectioná718Partnership assets
Sectioná719Joint property
Sectioná720Protectionáof good faith debtor
Sectioná721Distribution of profits and losses
Sectioná722Shares in profit and loss
Sectioná723Termination by partner
Sectioná724Notice of termination in the case of a partnership for life or a continuing partnership
Sectioná725Termination by attachment creditors
Sectioná726Dissolution due to achievement or impossibility of its object
Sectioná727Dissolution due to the death of a partner
Sectioná728Dissolution due to insolvency of the partnership or one of its partners
Sectioná729Continuation of authority to manage
Sectioná730Winding-up of the partnership; management
Sectioná731Procedure for winding-up of the partnership
Sectioná732Return of objects
Sectioná733Discharge of partnership debts; reimbursement of capital contributions
Sectioná734Distribution of the surplus
Sectioná735Duty to make subsequent contributions in case of loss
Sectioná736Retirement of a partner; continuing liability
Sectioná737Exclusion of a partner
Sectioná738Winding-up of the partnership on retirement
Sectioná739Liability for deficit
Sectioná740Sharing in the financial results of transactions in progress
Title 17
Co-ownership
Sectioná741Co-ownership by defined shares
Sectioná742Equal shares
Sectioná743Share in the fruits; authority to use
Sectioná744Joint administration
Sectioná745Administration and use by resolution
Sectioná746Effect in relation to successors in interest
Sectioná747Disposal of a share and joint objects
Sectioná748Bearing of charges and costs
Sectioná749Cancellation claim
Sectioná750Exclusion of cancellation in case of death
Sectioná751Exclusion of cancellation and successors in interest
Sectioná752Division in kind
Sectioná753Division by sale
Sectioná754Sale of joint claims
Sectioná755Discharge of a joint debt
Sectioná756Discharge of the debt of a part owner
Sectioná757Warranty upon allocation to a part owner
Sectioná758Right of cancellation not subject to the statute of limitations
Title 18
Life annuity
Sectioná759Duration and amount of the annuity
Sectioná760Advance payment
Sectioná761Form of life annuity commitment
Title 19
Imperfect obligations
Sectioná762Gaming, betting
Sectioná763Lottery contracts and gaming contracts
Sectioná764(repealed)
Title 20
Suretyship
Sectioná765Typical contractual duties in suretyship
Sectioná766Written form of the declaration of suretyship
Sectioná767Extent of the suretyship debt
Sectioná768Defences of surety
Sectioná769Co-suretyship
Sectioná770Defences of voidability and set-off
Sectioná771Defence of unexhausted remedies
Sectioná772Duty of creditor of enforcement and realisation
Sectioná773Exclusion of defence of unexhausted remedies
Sectioná774Statutory passing of claims
Sectioná775Claim to release of the surety
Sectioná776Waiver of a security
Sectioná777Temporary suretyship
Sectioná778Credit mandate
Title 21
Settlement
Sectioná779Concept of settlement; mistake as to the basis of the settlement
Title 22
Promise to fulfil an obligation; acknowledgement of debt
Sectioná780Promise to fulfil an obligation
Sectioná781Acknowledgement of a debt
Sectioná782No formal requirements for settlement
Title 23
Order
Sectioná783Rights derived from an order
Sectioná784Acceptance of the order
Sectioná785Delivery of the order
Sectioná786(repealed)
Sectioná787Order to assume debt
Sectioná788Underlying debt relationship
Sectioná789Duty of payee to notify
Sectioná790Revocation of the order
Sectioná791Death or incapacity to contract of a participant
Sectioná792Transfer of the order
Title 24
Bearer bond
Sectioná793Rights under a bearer bond
Sectioná794Liability of the issuer
Sectioná795(repealed)
Sectioná796Objectionsáof the issuer
Sectioná797Duty to pay only in return for delivery
Sectioná798Replacement document
Sectioná799Declaration of invalidity
Sectioná800Effect of the declaration of invalidity
Sectioná801Extinction; limitation
Sectioná802Stoppage of payment
Sectioná803Interest coupons
Sectioná804Loss of interest coupons or similar coupons
Sectioná805New interest coupons and annuity coupons
Sectioná806Reregistration under name
Sectioná807Bearer tickets and stamps
Sectioná808Registered securities with bearer clause
Title 25
Presentation of things
Sectioná809Inspectionáof a thing
Sectioná810Right to inspect documents
Sectioná811Place of presentation, risk and costs
Title 26
Unjust enrichment
Sectioná812Claim for restitution
Sectioná813Performance notwithstanding defence
Sectioná814Knowledge that debt is not owed
Sectioná815Non-occurrence of result
Sectioná816Disposition by an unauthorised person
Sectioná817Breach of law or public policy
Sectioná818Scope of the claim to enrichment
Sectioná819Increased liability in case of knowledge and breaches of law or public policy
Sectioná820Increased liability where the result is uncertain
Sectioná821Enrichment defence
Sectioná822Restitution duty of third parties
Title 27
Torts
Sectioná823Liability in damages
Sectioná824Endangering credit
Sectioná825Inducing others to sexual acts
Sectioná826Intentional damage contrary to public policy
Sectioná827Exclusion and reduction of responsibility
Sectioná828Minors
Sectioná829Liability in damages for reasons of equity
Sectioná830Joint tortfeasors and persons involved
Sectioná831Liability for vicarious agents
Sectioná832Liability of a person with a duty of supervision
Sectioná833Liability of animal keeper
Sectioná834Liability of animal minder
Sectioná835(repealed)
Sectioná836Liability of the owner of a plot of land
Sectioná837Liability of building possessor
Sectioná838Liability of the person with a duty of maintenance of a building
Sectioná839Liability in case of breach of official duty
Sectioná839aLiability of court-appointed expert
Sectioná840Liability of more than one person
Sectioná841Compensation for liability of a public official
Sectioná842Extent of liability in damages when a person is injured
Sectioná843Annuity in money or lump sum settlement
Sectioná844Third-party compensation claims in the case of death
Sectioná845Compensation claims for lost services
Sectioná846Contributory negligence of the injured person
Sectioná847(repealed)
Sectioná848Liability for chance in connectionáwith deprivation of a thing
Sectioná849Interest on the compensation sum
Sectioná850Reimbursement of outlays
Sectioná851Compensation payment to unauthorised parties
Sectioná852Claim for restitution after end of limitation period
Sectioná853Defence of bad faith
Book 3
Law of Property
Division 1
Possession
Sectioná854Acquisition of possession
Sectioná855Agent in possession
Sectioná856Ending of possession
Sectioná857Inheritability
Sectioná858Unlawful interference with possession
Sectioná859Self-help by the possessor
Sectioná860Self-help by the agent in possession
Sectioná861Claim on account of deprivation of possession
Sectioná862Claim on account of interference with possession
Sectioná863Objectionsáof the remover or disturber
Sectioná864Extinction of claims to possession
Sectioná865Part possession
Sectioná866Co-possession
Sectioná867Right of pursuit of the possessor
Sectioná868Indirect possession
Sectioná869Claims of the indirect possessor
Sectioná870Transfer of indirect possession
Sectioná871Multilevel indirect possession
Sectioná872Proprietary possession
Division 2
General provisions on rights in land
Sectioná873Acquisition by agreement and registration
Sectioná874Reference to approval of registration
Sectioná875Cancellation of a right
Sectioná876Cancellation of an encumbered right
Sectioná877Alterations of rights
Sectioná878Subsequent restrictions on disposition
Sectioná879Order of priority of more than one right
Sectioná880Change of priority
Sectioná881Reservation of priority
Sectioná882Maximum amount of compensation for lost value
Sectioná883Requirements and effect of priority notice
Sectioná884Effect in relation to heirs
Sectioná885Requirement for the registration of the priority notice
Sectioná886Claim for removal
Sectioná887Public notice of the priority notice claimant
Sectioná888Claim to approval of the person entitled to the priority notice
Sectioná889Exclusion of merger for real rights
Sectioná890Union of plots of land; addition
Sectioná891Statutory presumption
Sectioná892Presumption of the accuracy of the contents of the Land Register
Sectioná893Legal transaction with the person registered
Sectioná894Correctionáof the Land Register
Sectioná895Prior registration of the person obliged
Sectioná896Submission of certificate
Sectioná897Costs of correction
Sectioná898Claims to correctionánot subject to the statute of limitations
Sectioná899Registration of an objection
Sectioná899aProvisos for civil-law partnerships
Sectioná900Acquisition by prescription following registration
Sectioná901Extinction of unregistered rights
Sectioná902Registered rights not subject to the statute of limitations
Division 3
Ownership
Title 1
Subject matter of ownership
Sectioná903Powers of the owner
Sectioná904Necessity
Sectioná905Restriction of ownership
Sectioná906Introduction of imponderable substances
Sectioná907Facilities threatening danger
Sectioná908Imminent collapse of building
Sectioná909Excavation
Sectioná910Overhang
Sectioná911Falling fruit
Sectioná912Encroachment; duty to tolerate
Sectioná913Payment of periodical payments for encroachment
Sectioná914Priority, registration and extinction of periodical payments
Sectioná915Purchase
Sectioná916Adverse effect on heritable building right or servitude
Sectioná917Right of way of necessity
Sectioná918Exclusion of the right of way of necessity
Sectioná919Boundary marking
Sectioná920Confusion of boundaries
Sectioná921Joint use of boundary installations
Sectioná922Manner of use and maintenance
Sectioná923Boundary tree
Sectioná924Neighbour-law claims not subject to the statute of limitations
Title 2
Acquisition and loss of ownership of plots of land
Sectioná925Declaration of conveyance
Sectioná925aDocument of land transaction
Sectioná926Accessories of the plot of land
Sectioná927Public notice procedure
Sectioná928Relinquishment of ownership, appropriation by fiscal authority
Title 3
Acquisition and loss of ownership of movable things
Subtitle 1
Transfer
Sectioná929Agreement and delivery
Sectioná929aAgreement with regard to unregistered ship
Sectioná930Constructive delivery
Sectioná931Assignment of claim for possession
Sectioná932Good faith acquisition from a person not entitled
Sectioná932aGood faith acquisition of unregistered ships
Sectioná933Good faith acquisition on constructive delivery
Sectioná934Good faith acquisition on assignment of claim for possession
Sectioná935No good faith acquisition of lost property
Sectioná936Extinction of third party rights
Subtitle 2
Acquisition by prescription
Sectioná937Requirements, exclusion in the case of knowledge
Sectioná938Presumption of proprietary possession
Sectioná939Suspension of prescription
Sectioná940Interruption by loss of possession
Sectioná941Interruption by act of execution
Sectioná942Effect of interruption
Sectioná943Acquisition by prescription and succession in title
Sectioná944Possessor of an inheritance
Sectioná945Extinction of third party rights
Subtitle 3
Combination, intermixture, processing
Sectioná946Combination with a plot of land
Sectioná947Combination with movable things
Sectioná948Intermixture
Sectioná949Extinction of third party rights
Sectioná950Processing
Sectioná951Compensation for loss of rights
Sectioná952Ownership of documents of debt
Subtitle 4
Acquisition of products and other components of a thing
Sectioná953Ownership of separated products and components
Sectioná954Acquisition by person with real right
Sectioná955Acquisition by proprietary possessor in good faith
Sectioná956Acquisition by person entitled in personam
Sectioná957Permission by the person not entitled
Subtitle 5
Appropriation
Sectioná958Acquisition of ownership of ownerless movable things
Sectioná959Abandonment of ownership
Sectioná960Wild animals
Sectioná961Loss of ownership of bee swarms
Sectioná962Right of pursuit of the owner
Sectioná963Merging of bee swarms
Sectioná964Intermixture of bee swarms
Subtitle 6
Finding
Sectioná965Duty of the finder to notify
Sectioná966Duty of safekeeping
Sectioná967Duty to deliver
Sectioná968Extent of liability
Sectioná969Return to the loser
Sectioná970Reimbursement of expenses
Sectioná971Finder’s reward
Sectioná972Right of retention of the finder
Sectioná973Acquisition of ownership by the finder
Sectioná974Acquisition of ownership after concealment
Sectioná975Rights of the finder after delivery
Sectioná976Acquisition of ownership by the municipality
Sectioná977Claim in enrichment
Sectioná978Finding in public authority or transport agency
Sectioná979Sale; authorisation to issue an ordinance
Sectioná980Public notice of the finding
Sectioná981Receipt of the proceeds of auction
Sectioná982Provisions for implementation
Sectioná983Undeliverable things in the possession of authorities
Sectioná984Treasure trove
Title 4
Claims arising from ownership
Sectioná985Claim for restitution
Sectioná986Objectionsáof the possessor
Sectioná987Emoluments after litigation is pending
Sectioná988Emoluments of the possessor who makes no payment
Sectioná989Damages after litigation is pending
Sectioná990Liability of possessor with knowledge
Sectioná991Liability of intermediary possessor in the case of indirect possession
Sectioná992Liability of the wrongful possessor
Sectioná993Liability of the possessor in good faith
Sectioná994Necessary outlays
Sectioná995Charges
Sectioná996Useful outlays
Sectioná997Right of removal
Sectioná998Farming costs for agricultural plot of land
Sectioná999Reimbursement of outlays of predecessor in title
Sectioná1000Right of retention of the possessor
Sectioná1001Action for reimbursement of outlays
Sectioná1002Extinction of the claim for outlays
Sectioná1003Right to satisfaction of the possessor
Sectioná1004Claim for removal and injunction
Sectioná1005Right of pursuit
Sectioná1006Presumption of ownership for possessor
Sectioná1007Claims of the former possessor, exclusion in the case of knowledge
Title 5
Co-ownership
Sectioná1008Co-ownership by fractional shares
Sectioná1009Encumbrance in favour of a co-owner
Sectioná1010Successor in interest of a co-owner
Sectioná1011Claims arising from co-ownership
Sectionsá1012 - 1017(repealed)
Division 4
Servitudes
Title 1
Easements
Sectioná1018Statutory definition of easement
Sectioná1019Benefit of the dominant plot of land
Sectioná1020Considerate use
Sectioná1021Agreed duty of maintenance
Sectioná1022Installations on building structures
Sectioná1023Moving the use
Sectioná1024Coincidence of more than one right of use
Sectioná1025Division of the dominant plot of land
Sectioná1026Division of the servient plot of land
Sectioná1027Interference with easement
Sectioná1028Limitation
Sectioná1029Protectionáof possession of the lawful possessor
Title 2
Usufruct
Subtitle 1
Usufruct in things
Sectioná1030Statutory definition of usufruct in things
Sectioná1031Application to accessories
Sectioná1032Creation of usufruct in movable things
Sectioná1033Acquisition by prescription
Sectioná1034Determination of the condition
Sectioná1035Usufruct in aggregate of things; itemised list
Sectioná1036Right of possession; exercise of usufruct
Sectioná1037Transformation
Sectioná1038Economic plan for forests and mines
Sectioná1039Excessive taking of fruits
Sectioná1040Treasure
Sectioná1041Maintenance of the thing
Sectioná1042Duty of notification by the usufructuary
Sectioná1043Repair or renovation
Sectioná1044Toleration of repairs
Sectioná1045Obligation of the usufructuary to insure
Sectioná1046Usufruct in an insurance claim
Sectioná1047Bearing of charges
Sectioná1048Usufruct in plot of land with stock
Sectioná1049Reimbursement of outlays
Sectioná1050Wear and tear
Sectioná1051Provision of security
Sectioná1052Judicial management in the absence of security
Sectioná1053Application for a prohibitory injunction in the case of unauthorised use
Sectioná1054Judicial administration on the basis of breach of duty
Sectioná1055Duty of return of the usufructuary
Sectioná1056Leases and usufructuary leases at the end of the usufruct
Sectioná1057Limitation of compensation claims
Sectioná1058Grantor as owner
Sectioná1059Non-transferability; permission of exercise
Sectioná1059aTransferability in the case of legal person or partnership having legal personality
Sectioná1059bNon-distrainability
Sectioná1059cPassing or transfer of usufruct
Sectioná1059dLeases and usufructuary leases on the transfer of the usufruct
Sectioná1059eClaim to grant of the usufruct
Sectioná1060Coincidence of more than one right of use
Sectioná1061Death of the usufructuary
Sectioná1062Extension of termination to accessories
Sectioná1063Coincidence with ownership
Sectioná1064Termination of usufruct in movable things
Sectioná1065Adverse effect on right of usufruct
Sectioná1066Usufruct in the share of a co-owner
Sectioná1067Usufruct in consumable things
Subtitle 2
Usufruct in rights
Sectioná1068Statutory definition of usufruct in rights
Sectioná1069Creation
Sectioná1070Usufruct in a right to performance
Sectioná1071Termination or alteration of the encumbered right
Sectioná1072Termination of usufruct
Sectioná1073Usufruct in a life annuity
Sectioná1074Usufruct in a claim; notice and collection
Sectioná1075Effect of performance
Sectioná1076Usufruct in claim bearing interest
Sectioná1077Notice and payment
Sectioná1078Cooperation in collection
Sectioná1079Investment of the capital
Sectioná1080Usufruct in a land charge or annuity land charge
Sectioná1081Usufruct in bearer instruments or instruments made out to order
Sectioná1082Deposit
Sectioná1083Cooperation in collection
Sectioná1084Consumable things
Subtitle 3
Usufruct in property
Sectioná1085Creation of usufruct in property
Sectioná1086Rights of the creditors of the grantor
Sectioná1087Relationship between usufructuary and grantor
Sectioná1088Liability of the usufructuary
Sectioná1089Usufruct in an inheritance
Title 3
Restricted personal easements
Sectioná1090Statutory definition of the restricted personal easement
Sectioná1091Scope
Sectioná1092Non-transferability; permission of exercise
Sectioná1093Right of residence
Division 5
Right of preemption
Sectioná1094Statutory contents of the real right of preemption
Sectioná1095Encumbrance of a fraction
Sectioná1096Application to accessories
Sectioná1097Creation for one or more cases of sale
Sectioná1098Effect of a right of preemption
Sectioná1099Notifications
Sectioná1100Rights of the purchaser
Sectioná1101Release of the person entitled
Sectioná1102Release of the purchaser
Sectioná1103Real and personal right of preemption
Sectioná1104Exclusion of unknown entitled persons
Division 6
Charges on land
Sectioná1105Statutory contents of the charge on land
Sectioná1106Encumbrance of a fraction
Sectioná1107Individual payments
Sectioná1108Personal liability of the owner
Sectioná1109Division of the dominant plot of land
Sectioná1110Real charge on land
Sectioná1111Personal charge on land
Sectioná1112Exclusion of unknown entitled persons
Division 7
Mortgage, land charge, annuity land charge
Title 1
Mortgage
Sectioná1113Statutory contents of the mortgage
Sectioná1114Encumbrance of a fraction
Sectioná1115Registration of the mortgage
Sectioná1116Certificated and uncertificated mortgage
Sectioná1117Acquisition of the certificated mortgage
Sectioná1118Liability for incidental claims
Sectioná1119Extension of liability for interest
Sectioná1120Extension to products, parts and accessories
Sectioná1121Release from liability through disposal and removal
Sectioná1122Release from liability without disposal
Sectioná1123Extension to claim for rent or for usufructuary rent
Sectioná1124Advance disposition of the rent or usufructuary rent
Sectioná1125Set-off against rent or usufructuary rent
Sectioná1126Extension to recurring acts of performance
Sectioná1127Extension to insurance claim
Sectioná1128Insurance on buildings
Sectioná1129Other insurance against damage
Sectioná1130Replacement clause
Sectioná1131Addition of a plot of land
Sectioná1132Blanket mortgage
Sectioná1133Danger to the security of the mortgage
Sectioná1134Application for an injunction
Sectioná1135Deterioration of accessories
Sectioná1136Restraint on disposition by legal transaction
Sectioná1137Defences of the owner
Sectioná1138Presumption of the accuracy of the contents of the Land Register
Sectioná1139Objectionáwith regard to an uncertificated mortgage for a loan
Sectioná1140Mortgage certificate and inaccuracy of the Land Register
Sectioná1141Notice of termination of the mortgage
Sectioná1142Owner’s right of satisfaction
Sectioná1143Passing of claim
Sectioná1144Delivery of documents
Sectioná1145Partial satisfaction
Sectioná1146Default interest
Sectioná1147Satisfaction by execution
Sectioná1148Fiction of ownership
Sectioná1149Prohibited agreements on satisfaction
Sectioná1150Right of redemption of third parties
Sectioná1151Change of priority for partial mortgages
Sectioná1152Partial mortgage certificate
Sectioná1153Transfer of mortgage and claim
Sectioná1154Assignment of the claim
Sectioná1155Presumption of the accuracy of certified declarations of assignment
Sectioná1156Legal relationship between the owner and the new creditor
Sectioná1157Continuation of defences to the mortgage
Sectioná1158Future supplementary payments
Sectioná1159Arrears of supplementary payments
Sectioná1160Enforcement of a certificated mortgage
Sectioná1161Enforcement of the claim
Sectioná1162Public notice with regard to the mortgage certificate
Sectioná1163Owner mortgage
Sectioná1164Passing of the mortgage to the debtor
Sectioná1165Discharge of the debtor
Sectioná1166Notification of the debtor
Sectioná1167Delivery of correctionádocuments
Sectioná1168Waiver of the mortgage
Sectioná1169Defence with a negative effect on a right
Sectioná1170Exclusion of unknown creditors
Sectioná1171Exclusion by deposit
Sectioná1172Owner blanket mortgage
Sectioná1173Satisfaction by one of the owners
Sectioná1174Satisfaction by the personal debtor
Sectioná1175Waiver of the blanket mortgage
Sectioná1176Owner partial mortgage ; conflict clause
Sectioná1177Owner land charge, owner mortgage
Sectioná1178Mortgage for supplementary payments and costs
Sectioná1179Priority notice of right to deletion
Sectioná1179aClaim for deletion in the case of third party rights
Sectioná1179bClaim for deletion based on one’s own right
Sectioná1180Substitution for the claim
Sectioná1181Extinction by satisfaction from the plot of land
Sectioná1182Transfer in the case of satisfaction from the blanket mortgage
Sectioná1183Cancellation of the mortgage
Sectioná1184Debt-securing mortgage
Sectioná1185Uncertificated mortgage; inapplicable provisions
Sectioná1186Permitted conversions
Sectioná1187Debt-securing mortgage for bearer instruments and instruments made out to order
Sectioná1188Special provision for bearer bonds
Sectioná1189Appointment of a Land Register representative
Sectioná1190Maximum amount mortgage
Title 2
Land charge, annuity land charge
Subtitle 1
Land charge
Sectioná1191Statutory contents of the land charge
Sectioná1192Applicable provisions
Sectioná1193Termination
Sectioná1194Place of payment
Sectioná1195Bearer land charge
Sectioná1196Owner land charge
Sectioná1197Deviations from third party land charge
Sectioná1198Permitted conversions
Subtitle 2
Annuity land charge
Sectioná1199Statutory contents of the annuity land charge
Sectioná1200Applicable provisions
Sectioná1201Right of redemption
Sectioná1202Termination
Sectioná1203Permitted conversions
Division 8
Pledge of movable things and over rights
Title 1
Pledge of movable things
Sectioná1204Statutory contents of the pledge of movable things
Sectioná1205Creation
Sectioná1206Replacement of delivery by granting joint possession
Sectioná1207Pledging by an unauthorised person
Sectioná1208Acquisition of priority of rank in good faith
Sectioná1209Priority of the pledge
Sectioná1210Extent of liability of the pledge
Sectioná1211Defences of the pledgor
Sectioná1212Extension to separated products
Sectioná1213Pledge of emoluments
Sectioná1214Duties of the pledgee entitled to emoluments
Sectioná1215Duty of safekeeping
Sectioná1216Reimbursement of outlays
Sectioná1217Violation of rights by the pledgee
Sectioná1218Rights of the pledgor in the case of imminent spoilage
Sectioná1219Rights of the pledgee in the case of imminent spoilage
Sectioná1220Warning of auction
Sectioná1221Sale by private agreement
Sectioná1222Pledge of more than one thing
Sectioná1223Duty to return the pledged item; right to redeem the pledged item
Sectioná1224Satisfaction by deposit or set-off
Sectioná1225Passing of claim to the pledgor
Sectioná1226Limitation of compensation claims
Sectioná1227Protectionáof the pledge
Sectioná1228Satisfaction by sale of the pledged item
Sectioná1229Prohibition of a forfeiture agreement
Sectioná1230Selectionáof pledged item from more than one pledged item
Sectioná1231Surrender of pledged item for sale
Sectioná1232Lower-ranking pledgees
Sectioná1233Execution of the sale
Sectioná1234Warning of sale; waiting period
Sectioná1235Public auction
Sectioná1236Place of auction
Sectioná1237Public notice
Sectioná1238Conditions of sale
Sectioná1239Bidding by creditor and owner
Sectioná1240Things made of gold or silver
Sectioná1241Notification of the owner
Sectioná1242Effects of the legal sale
Sectioná1243Unlawful sale
Sectioná1244Acquisition in good faith
Sectioná1245Deviating agreements
Sectioná1246Deviation for reasons of equity
Sectioná1247Proceeds of the pledged item
Sectioná1248Presumption of ownership
Sectioná1249Right of redemption
Sectioná1250Transfer of claim
Sectioná1251Effect of the passing of the pledge
Sectioná1252Extinction with the claim
Sectioná1253Extinction by return
Sectioná1254Claim for return
Sectioná1255Cancellation of the pledge
Sectioná1256Coincidence of pledge and ownership
Sectioná1257Pledge by operation of law
Sectioná1258Pledge of the share of a co-owner
Sectioná1259Realisation of a commercial pledged item
Sectionsá1260 - 1272(repealed)
Title 2
Pledge of rights
Sectioná1273Statutory contents of the pledge of rights
Sectioná1274Creation
Sectioná1275Pledge of right to performance
Sectioná1276Cancellation or alteration of the pledged right
Sectioná1277Satisfaction by execution
Sectioná1278Extinction by return
Sectioná1279Pledge of a claim
Sectioná1280Notification of the debtor
Sectioná1281Performance before the due date
Sectioná1282Performance after the due date
Sectioná1283Termination
Sectioná1284Deviating agreements
Sectioná1285Cooperation in collection
Sectioná1286Duty of termination in the case of danger
Sectioná1287Effect of performance
Sectioná1288Investment of collected money
Sectioná1289Extension to the interest
Sectioná1290Collectionáin the case of multiple pledges
Sectioná1291Pledge of land charge or annuity land charge
Sectioná1292Pledging of instruments made out to order
Sectioná1293Pledge of bearer instruments
Sectioná1294Collectionáand notice of termination
Sectioná1295Private sale of instruments made out to order
Sectioná1296Extension to interest coupons
Book 4
Family Law
Division 1
Civil marriage
Title 1
Engagement
Sectioná1297Non-actionability, nullity of a promise to pay a penalty
Sectioná1298Duty of compensation in the case of revocation
Sectioná1299Revocation by reason of fault of the other party
Sectioná1300(repealed)
Sectioná1301Return of the presents
Sectioná1302Limitation
Title 2
Entering into marriage
Subtitle 1
Capacity to marry
Sectioná1303Marriageable age
Sectioná1304Incapacity to contract
Sectioná1305(repealed)
Subtitle 2
Impediments to marriage
Sectioná1306Existing marriage or civil partnership
Sectioná1307Relationship by blood
Sectioná1308Adoption
Subtitle 3
Certificate of no impediment
Sectioná1309Certificate of no impediment for foreigners
Subtitle 4
Marriage
Sectioná1310Jurisdiction of the registrar of births, deaths and marriages, curing defective marriages
Sectioná1311Personal declaration
Sectioná1312Marriage ceremony
Title 3
Annulment of marriage
Sectioná1313Annulment by judicial decision
Sectioná1314Grounds of annulment
Sectioná1315Exclusion of annulment
Sectioná1316Entitlement to petition
Sectioná1317Period for filing petition
Sectioná1318Consequences of annulment
Title 4
Remarriage after declaration of death
Sectioná1319Annulment of the previous marriage
Sectioná1320Annulment of the new marriage
Sectionsá1321 - 1352(repealed)
Title 5
Effects of marriage in general
Sectioná1353Conjugal community
Sectioná1354(repealed)
Sectioná1355Family name
Sectioná1356Household management, gainful employment
Sectioná1357Transactions to provide the necessities of life
Sectioná1358(repealed)
Sectioná1359Scope of duty of care
Sectioná1360Duty of family maintenance
Sectioná1360aScope of the obligation to maintain
Sectioná1360bOverpayment
Sectioná1361Maintenance when spouses are living apart
Sectioná1361aAllocation of household effects when spouses are living apart
Sectioná1361bMatrimonial home when spouses are living apart
Sectioná1362Presumption of ownership
Title 6
Matrimonial property regime
Subtitle 1
Statutory property regime
Sectioná1363Community of accrued gains
Sectioná1364Management of property
Sectioná1365Disposition of property as a whole
Sectioná1366Ratification of contracts
Sectioná1367Unilateral legal transactions
Sectioná1368Asserting the ineffectiveness
Sectioná1369Dispositions of household objects
Sectioná1370(repealed)
Sectioná1371Equalisation of accrued gains in the case of death
Sectioná1372Equalisation of accrued gains in other cases
Sectioná1373Accrued gains
Sectioná1374Initial assets
Sectioná1375Final assets
Sectioná1376Ascertainment of the value of the initial and final assets
Sectioná1377List of initial assets
Sectioná1378Equalisation claim
Sectioná1379Duty of information
Sectioná1380Set-off of advancements
Sectioná1381Refusal of satisfaction for gross inequity
Sectioná1382Deferment
Sectioná1383Transfer of assets
Sectioná1384Date of calculation of the accrued gains and amount of the equalisation claim in the case of divorce
Sectioná1385Premature equalisation of accrued gains of the spouse entitled to an equalisation claim in case of premature cancellation of the community of accrued gains
Sectioná1386Premature suspension of the community of accrued gains
Sectioná1387Date of calculation of the accrued gains and amount of the equalisation claim in the case of premature equalisation or premature suspension
Sectioná1388Occurrence of separation of property
Sectioná1389(repealed)
Sectioná1390Claims against third parties of the person entitled to equalisation
Sectionsá1391 - 1407(repealed)
Subtitle 2
Contractual property regime
Chapter 1
General provisions
Sectioná1408Marriage contract, freedom of contract
Sectioná1409Restriction of freedom of contract
Sectioná1410Form
Sectioná1411Marriage contracts of persons with restricted capacity to contract or incapable of contracting
Sectioná1412Effect in relation to third parties
Sectioná1413Revocation of permission to manage assets
Chapter 2
Separation of property
Sectioná1414Commencement of separation of property
Chapter 3
Community of property
Subchapter 1
General provisions
Sectioná1415Agreement by marriage contract
Sectioná1416Marital property
Sectioná1417Separate property
Sectioná1418Reserved property
Sectioná1419Joint ownership
Sectioná1420Use for maintenance
Sectioná1421Management of the marital property
Subchapter 2
Management of the marital property by the husband or the wife
Sectioná1422Subject matter of right of management
Sectioná1423Disposition of the marital property as a whole
Sectioná1424Disposition of plots of land, ships or ships under construction
Sectioná1425Donations
Sectioná1426Substitution of the approval of the other spouse
Sectioná1427Legal consequences of lack of consent
Sectioná1428Dispositions without approval
Sectioná1429Emergency right of management
Sectioná1430Substitution of the approval of the managing spouse
Sectioná1431Independent trade or business
Sectioná1432Acceptance of an inheritance; refusal of offer to enter into contract or of donation
Sectioná1433Continuation of a legal dispute
Sectioná1434Unjust enrichment of the marital property
Sectioná1435Duties of the managing spouse
Sectioná1436Managing spouse under guardianship or custodianship
Sectioná1437Obligations of the marital property; personal liability
Sectioná1438Liability of the marital property
Sectioná1439No liability on acquisition of an inheritance
Sectioná1440Liability for reserved or separate property
Sectioná1441Liability as between the spouses
Sectioná1442Obligations of the separate property and of a trade or business
Sectioná1443Costs of litigation
Sectioná1444Costs of the advancement of a child
Sectioná1445Equalisation between reserved property, separate property and marital property
Sectioná1446Due date of the equalisation claim
Sectioná1447Action of the non-managing spouse for termination
Sectioná1448Action of the managing spouse for termination
Sectioná1449Effect of the judicial termination decision
Subchapter 3
Joint management of the marital property by the spouses
Sectioná1450Joint management by the spouses
Sectioná1451Duty of both spouses to cooperate
Sectioná1452Substitution of approval
Sectioná1453Disposition without consent
Sectioná1454Emergency right of management
Sectioná1455Acts of management without the cooperation of the other spouse
Sectioná1456Independent trade or business
Sectioná1457Unjust enrichment of the marital property
Sectioná1458Guardianship of a spouse
Sectioná1459Obligations of the marital property; personal liability
Sectioná1460Liability of the marital property
Sectioná1461No liability on acquisition of an inheritance
Sectioná1462Liability for reserved or separate property
Sectioná1463Liability as between the spouses
Sectioná1464Obligations of the separate property and of a trade or business
Sectioná1465Costs of litigation
Sectioná1466Costs of the advancement of a child that is not a child of the spouses
Sectioná1467Equalisation between reserved property, separate property and marital property
Sectioná1468Due date of the equalisation claim
Sectioná1469Action for termination
Sectioná1470Effect of the judicial termination decision
Subchapter 4
Partitioning of the marital property
Sectioná1471Beginning of the partitioning
Sectioná1472Joint management of the marital property
Sectioná1473Direct substitution
Sectioná1474Implementation of the partitioning
Sectioná1475Discharge of the marital property obligations
Sectioná1476Division of the surplus
Sectioná1477Implementation of the division
Sectioná1478Partitioning after divorce
Sectioná1479Partitioning after judicial termination decision
Sectioná1480Liability to third parties after the division
Sectioná1481Liability of the spouses to each other
Sectioná1482Dissolution of marriage by death
Subchapter 5
Continued community of property
Sectioná1483Occurrence of continued community of property
Sectioná1484Refusal of continued community of property
Sectioná1485Marital property
Sectioná1486Reserved property; separate property
Sectioná1487Legal position of the spouse and the descendants
Sectioná1488Marital property obligations
Sectioná1489Personal liability for the marital property obligations
Sectioná1490Death of a descendant
Sectioná1491Waiver by a descendant
Sectioná1492Termination by the surviving spouse
Sectioná1493Remarriage or establishment of a civil partnership by the surviving spouse
Sectioná1494Death of the surviving spouse
Sectioná1495Action of a descendant for termination
Sectioná1496Effect of the judicial termination decision
Sectioná1497Legal relationship until partitioning
Sectioná1498Implementation of the partitioning
Sectioná1499Obligations borne by the surviving spouse
Sectioná1500Obligations borne by the descendants
Sectioná1501Set-off of lump sum payments
Sectioná1502Right of surviving spouse to take over property
Sectioná1503Division among the descendants
Sectioná1504Adjustment of liability between descendants
Sectioná1505Supplementation of the share of a descendant
Sectioná1506Unworthiness to receive a share
Sectioná1507Certificate on continuation of the community of property
Sectioná1508(repealed)
Sectioná1509Exclusion of the continued community of property by testamentary disposition
Sectioná1510Effect of exclusion
Sectioná1511Exclusion of a descendant
Sectioná1512Reduction of the share
Sectioná1513Deprivation of the share
Sectioná1514Disposition of the amount withheld
Sectioná1515Right of a descendant and of the spouse to take over property
Sectioná1516Approval of the other spouse
Sectioná1517Waiver of his share by a descendant
Sectioná1518Mandatory law
Sectioná1520 to 1557(repealed)
Subtitle 3
Marriage property register
Sectioná1558Competent registration court
Sectioná1559Change of habitual residence
Sectioná1560Application for entry
Sectioná1561Requirements for application
Sectioná1562Public notice
Sectioná1563Inspectionáof the register
Title 7
Divorce
Subtitle 1
Grounds of divorce
Sectioná1564Divorce by judicial decision
Sectioná1565Breakdown of marriage
Sectioná1566Presumption of breakdown
Sectioná1567Living apart
Sectioná1568Hardship clause
Subtitle 1a
Treatment of the marital home and of the household objects on the occasion of divorce
Sectioná1568aMatrimonial home
Sectioná1568b Household objects
Subtitle 2
Maintenance of the divorced spouse
Chapter 1
Principle
Sectioná1569Principle of personal responsibility
Chapter 2
Entitlement to maintenance
Sectioná1570Maintenance to care for a child
Sectioná1571Maintenance by reason of old age
Sectioná1572Maintenance for illness or infirmity
Sectioná1573Maintenance for unemployment and topping-up maintenance
Sectioná1574Appropriate gainful employment
Sectioná1575Training, further training or retraining
Sectioná1576Maintenance for reasons of equity
Sectioná1577Indigence
Sectioná1578Amount of maintenance
Sectioná1578aPresumption of cover in the case of additional expenditure resulting from injury
Sectioná1578bReduction and time limitation of maintenance on grounds of inequity
Sectioná1579Restriction or refusal of maintenance for gross inequity
Sectioná1580Duty of information
Chapter 3
Ability to pay and priority
Sectioná1581Ability to pay
Sectioná1582Priority of the divorced spouse where more than one person is entitled to maintenance
Sectioná1583Influence of the matrimonial property regime
Sectioná1584Priority of more than one person liable for maintenance
Chapter 4
Form of the maintenance claim
Sectioná1585Nature of maintenance payment
Sectioná1585aProvision of security
Sectioná1585bMaintenance for the past
Sectioná1585cAgreements on maintenance
Chapter 5
End of the maintenance claim
Sectioná1586Remarriage, establishment of a civil partnership or death of the person entitled
Sectioná1586aRevival of the maintenance claim
Sectioná1586bObligation not extinguished on death of the person obliged
Subtitle 3
Equalisation of pension rights
Sectioná1587Reference to the Pension Equalisation Act [Versorgungsausgleichsgesetz]
Title 8
Church duties
Sectioná1588(no heading)
Division 2
Relationship
Title 1
General provisions
Sectioná1589Relationship by blood
Sectioná1590Relationship by marriage
Title 2
Descent
Sectioná1591Maternity
Sectioná1592Paternity
Sectioná1593Paternity in the case of dissolution of the marriage by death
Sectioná1594Acknowledgement of paternity
Sectioná1595Need for approval of the acknowledgement
Sectioná1596Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
Sectioná1597Formal requirements; revocation
Sectioná1598Ineffectiveness of acknowledgement, approval and revocation
Sectioná1598aClaim to consent to a genetic examination to clarify natural parentage
Sectioná1599Non-existence of paternity
Sectioná1600Persons entitled to contest
Sectioná1600aPersonal contestation; contestation in the case of lack of capacity to contract or limited capacity to contract
Sectioná1600bContestation periods
Sectioná1600cPresumption of paternity in contestation proceedings
Sectioná1600dCourt determination of paternity
Title 3
Obligation to maintain
Subtitle 1
General provisions
Sectioná1601Persons with an obligation to maintain
Sectioná1602Indigence
Sectioná1603Ability to pay
Sectioná1604Influence of the matrimonial property regime
Sectioná1605Duty of information
Sectioná1606Order of priority of more than one person obliged
Sectioná1607Substituted liability and statutory passing of claim
Sectioná1608Liability of the spouse or civil partner
Sectioná1609Priority of more than person entitled to maintenance
Sectioná1610Amount of maintenance
Sectioná1610aPresumption of cover in the case of additional expenditure resulting from injury
Sectioná1611Restriction or end of obligation
Sectioná1612Nature of maintenance payment
Sectioná1612aMinimum maintenance of minor children
Sectioná1612bMeeting cash requirements through child benefit
Sectioná1612cSet-off of other child-related payments
Sectioná1613Maintenance for the past
Sectioná1614Waiver of maintenance claim; advance performance
Sectioná1615Extinction of the maintenance claim
Subtitle 2
Special provisions for the child and its parents who are not married to each other
Sectioná1615aApplicable provisions
Sectionsá1615b to 1615k(repealed)
Sectioná1615lMaintenance claim of mother and father by reason of the birth
Sectioná1615mFuneral costs for the mother
Sectioná1615nNo expiry on the death of the father or stillbirth
Title 4
Legal relationship between the parents and the child in general
Sectioná1616Birth name in the case of parents with family name
Sectioná1617Birth name in the case of parents without family name and with joint parental custody
Sectioná1617aBirth name in the case of parents without family name and with sole parental custody
Sectioná1617bName in the case of subsequent joint parental custody or ostensible paternity
Sectioná1617cName in the case of change of name by the parents
Sectioná1618Bringing child under family name
Sectioná1618aDuty of assistance and respect
Sectioná1619Services in house and business
Sectioná1620Outlays of the child for the household of its parents
Sectionsá1621 - 1623(repealed)
Sectioná1624Advancement from the parental assets
Sectioná1625Advancement from the assets of the child
Title 5
Parental custody
Sectioná1626Parental custody, principles
Sectioná1626aParental custody of parents who are not married to one another; declarations of parental custody
Sectioná1626bSpecial requirements for the effectiveness of the declaration of parental custody
Sectioná1626cDeclaring in person; parent with limited capacity to contract
Sectioná1626dForm; duty of notification
Sectioná1626eIneffectiveness
Sectioná1627Exercise of parental custody
Sectioná1628Court decision in the case of differences of opinion between the parents
Sectioná1629Representation of the child
Sectioná1629aRestriction of liability of minors
Sectioná1630Parental custody in the case of appointment of a curator or of foster care
Sectioná1631Contents and limits of care for the person of the child
Sectioná1631aTraining and occupation
Sectioná1631bAccommodation associated with deprivation of liberty
Sectioná1631cProhibition of sterilisation
Sectioná1632Surrender of the child; determination of contact; order that child remains in foster care
Sectioná1633Care for the person of the child in the case of a married minor
Sectionsá1634 - 1637(repealed)
Sectioná1638Restriction of care for the property of the child
Sectioná1639Directionsáof the testator or donor
Sectioná1640Inventory of property
Sectioná1641Prohibition of donation
Sectioná1642Investment of money
Sectioná1643Legal transactions subject to approval
Sectioná1644Surrender of objects of property to the child
Sectioná1645New trade or business
Sectioná1646Acquisition with funds of the child
Sectioná1647(repealed)
Sectioná1648Reimbursement of outlays
Sectioná1649Use of the income of the property of the child
Sectionsá1650 - 1663(repealed)
Sectioná1664Limited liability of the parents
Sectioná1665(repealed)
Sectioná1666Court measures in the case of endangerment of the best interests of the child
Sectioná1666aPrinciple of proportionality; priority of public support measures
Sectioná1667Court measures in the case of endangerment of the property of the child
Sectionsá1668 - 1670(repealed)
Sectioná1671Transfer of sole custody where the parents live apart
Sectioná1673Suspension of parental custody in the case of a legal obstacle
Sectioná1674Suspension of parental custody in the case of a factual obstacle
Sectioná1675Effect of the suspension
Sectioná1676(repealed)
Sectioná1677Termination of parental custody by declaration of death
Sectioná1678Consequences for the other parent of the actual prevention or of the suspension
Sectioná1679(repealed)
Sectioná1680Death of a parent or removal of the parental custody
Sectioná1681Declaration of death of a parent
Sectioná1682Order that the child remains with persons to whom it relates
Sectioná1683(repealed)
Sectioná1684Contact of the child with its parents
Sectioná1685Contact of the child with other persons to whom it relates
Sectioná1686Information on the personal circumstances of the child
Sectioná1687Exercise of joint parental custody when the parents live apart
Sectioná1687aPower to make decision of the parent without parental custody
Sectioná1687bParental custody powers of the spouse
Sectioná1688Decisions of the foster carer
Sectionsá1689 - 1692(repealed)
Sectioná1693Court measures where the parents are prevented
Sectionsá1694, 1695(repealed)
Sectioná1696Amendment of judicial decisions and of court-approved settlements
Sectioná1697(repealed)
Sectioná1697aPrinciple of best interests of child
Sectioná1698Surrender of the property of the child; rendering an account
Sectioná1698aContinuation of transactions in ignorance that parental custody has ended
Sectioná1698bContinuation of urgent transactions after the death of the child
Sectionsá1699 - 1711(repealed)
Title 6
Legal advisership
Sectioná1712Youth welfare office as legal adviser; tasks
Sectioná1713Persons entitled to apply
Sectioná1714Occurrence of legal advisership
Sectioná1715Termination of legal advisership
Sectioná1716Effects of legal advisership
Sectioná1717Requirement of habitual residence on domestic territory
Sectionsá1718 - 1740(repealed)
Title 7
Adoption
Subtitle 1
Adoption of minors
Sectioná1741Admissibility of the adoption
Sectioná1742Adoption only as child of the spouses
Sectioná1743Minimum age
Sectioná1744Probationary period
Sectioná1745Prohibition of adoption
Sectioná1746Consent of the child
Sectioná1747Consent of the parents of the child
Sectioná1748Substitution of the consent of a parent
Sectioná1749Consent of the spouse
Sectioná1750Declaration of consent
Sectioná1751Effect of parental consent, maintenance obligation
Sectioná1752Order of the family court, application
Sectioná1753Adoption after death
Sectioná1754Effect of adoption
Sectioná1755Extinction of relationships
Sectioná1756Continuation of relationships
Sectioná1757Name of the child
Sectioná1758Prohibition on disclosure and exploratory questioning
Sectioná1759Cancellation of the adoption relationship
Sectioná1760Cancellation for lack of declarations
Sectioná1761Obstacles to cancellation
Sectioná1762Entitlement to apply; period for filing application, form
Sectioná1763Cancellation by the court of its own motion
Sectioná1764Effect of cancellation
Sectioná1765Name of the child after the cancellation
Sectioná1766Marriage between adoptive parent and child
Subtitle 2
Adoption of persons of full age
Sectioná1767Admissibility of adoption, applicable provisions
Sectioná1768Application
Sectioná1769Prohibition of adoption
Sectioná1770Effect of adoption
Sectioná1771Cancellation of the adoption relationship
Sectioná1772Adoption with the effects of the adoption of a minor
Division 3
Guardianship, legal curatorship, custodianship
Title 1
Guardianship
Subtitle 1
Creation of guardianship
Sectioná1773Requirements
Sectioná1774Order by the court of its own motion
Sectioná1775More than one guardian
Sectioná1776Right of the parents to name the guardian
Sectioná1777Requirements of the right to name the guardian
Sectioná1778Passing over the guardian named
Sectioná1779Selectionáby the family court
Sectioná1780Lack of capacity to be a guardian
Sectioná1781Unsuitability to be a guardian
Sectioná1782Exclusion by the parents
Sectioná1783(repealed)
Sectioná1784Official or church officer as guardian
Sectioná1785Duty to assume guardianship
Sectioná1786Right to refuse
Sectioná1787Consequences of unjustified refusal
Sectioná1788Coercive fine
Sectioná1789Appointment by the family court
Sectioná1790Appointment subject to a reservation
Sectioná1791Certificate of appointment
Sectioná1791aGuardianship by association
Sectioná1791bOfficial guardianship of the youth welfare office by appointment
Sectioná1791cStatutory official guardianship of the youth welfare office
Sectioná1792Supervisory guardian
Subtitle 2
Conducting of the guardianship
Sectioná1793Duties of the guardian, liability of the ward
Sectioná1794Restriction as a result of curatorship
Sectioná1795Exclusion of power of agency
Sectioná1796Revocation of power of agency
Sectioná1797More than one guardian
Sectioná1798Differences of opinion
Sectioná1799Duties and rights of the supervisory guardian
Sectioná1800Scope of care for the person
Sectioná1801Religious education
Sectioná1802Inventory of property
Sectioná1803Management of assets in the case of inheritance or donation
Sectioná1804Donations made by the guardian
Sectioná1805Use for the guardian
Sectioná1806Investment of money held in trust for a ward
Sectioná1807Nature of investment
Sectioná1808(repealed)
Sectioná1809Investment with blocking note
Sectioná1810Cooperation of supervisory guardian or family court
Sectioná1811Other investment
Sectioná1812Dispositions of claims and securities
Sectioná1813Transactions not requiring approval
Sectioná1814Deposit of bearer instruments
Sectioná1815Change of registration and conversion of bearer instruments
Sectioná1816Blocking of registered claims
Sectioná1817Exemption
Sectioná1818Order of deposit
Sectioná1819Approval in the case of deposit
Sectioná1820Approval after change of registration and conversion
Sectioná1821Approval of transactions relating to plots of land, ships or ships under construction
Sectioná1822Approval for other transactions
Sectioná1823Approval where the ward has a trade or business
Sectioná1824Approval for the permission for the ward to use objects
Sectioná1825General authorisation
Sectioná1826Hearing of the supervisory guardian before giving the approval
Sectioná1827(repealed)
Sectioná1828Pronouncement of approval
Sectioná1829Subsequent approval
Sectioná1830Right of revocation of the other party
Sectioná1831Unilateral legal transaction without approval
Sectioná1832Approval of the supervisory guardian
Sectioná1833Liability of the guardian
Sectioná1834Duty to pay interest
Sectioná1835Reimbursement of outlays
Sectioná1835aReimbursement for expenses
Sectioná1836Payment of the guardian
Sectionsá1836a and 1836b(repealed)
Sectioná1836cFunds to be provided by the ward
Sectioná1836dDestitution of the ward
Sectioná1836eStatutory passing of claim
Subtitle 3
Care and supervision of the family court
Sectioná1837Advice and supervision
Sectioná1838(repealed)
Sectioná1839Duty of information of the guardian
Sectioná1840Report and rendering of account
Sectioná1841Contents of the account
Sectioná1842Cooperation of the supervisory guardian
Sectioná1843Examination by the family court
Sectioná1844(repealed)
Sectioná1845(repealed)
Sectioná1846Interim measures of the family court
Sectioná1847Hearing of the relatives
Sectioná1848(repealed)
Subtitle 4
Cooperation of the youth welfare office
Sectionsá1849, 1850(repealed)
Sectioná1851Duties of notification
Subtitle 5
Exempted guardianship
Sectioná1852Exemption by the father
Sectioná1853Exemption from deposit and blocking
Sectioná1854Exemption from duty to render an account
Sectioná1855Exemption by the mother
Sectioná1856Requirements of exemption
Sectioná1857Cancellation of the exemption by the family court
Sectioná1857aExemption of the youth welfare office and the association
Sectionsá1858 - 1881(repealed)
Subtitle 6
Termination of the guardianship
Sectioná1882Cessation of the requirements
Sectioná1883(repealed)
Sectioná1884Ward missing and declaration of death of the ward
Sectioná1885(repealed)
Sectioná1886Removal of the sole guardian
Sectioná1887Removal of the youth welfare office or association
Sectioná1888Removal of officials and church officers
Sectioná1889Removal on the application of the guardian himself
Sectioná1890Delivery of assets and rendering an account
Sectioná1891Cooperation of the supervisory guardian
Sectioná1892Examination and approval of the account
Sectioná1893Continuation of transactions after the termination of the guardianship, return of certificates
Sectioná1894Notification on death of the guardian
Sectioná1895Termination of office of the supervisory guardian
Title 2
Legal custodianship
Sectioná1896Requirements
Sectioná1897Appointment of a natural person
Sectioná1898Duty to assume custodianship
Sectioná1899More than one custodian
Sectioná1900Custodianship by association or public authority
Sectioná1901Scope of the custodianship, duties of the custodian
Sectioná1901aLiving will
Sectioná1901bDiscussion to ascertain the patient’s will
Sectioná1901cWishes in writing with regard to custodianship, enduring power of attorney
Sectioná1902Representation of the person under custodianship
Sectioná1903Reservation of consent
Sectioná1904Approval of the custodianship court in the case of medical treatment
Sectioná1905Sterilisation
Sectioná1906Approval of the custodianship court with regard to accommodation
Sectioná1907Approval of the custodianship court on abandonment of rented home
Sectioná1908Approval of the custodianship court with regard to advancement
Sectioná1908aPrecautionary appointment of a custodian and order of reservation of consent for minors
Sectioná1908bRemoval of the custodian
Sectioná1908cAppointment of a new custodian
Sectioná1908dCancellation or alteration of custodianship and reservation of consent
Sectioná1908e(repealed)
Sectioná1908fRecognition as custodianship association
Sectioná1908gPublic authority custodian
Sectioná1908h(repealed)
Sectioná1908iProvisions applicable with the necessary modifications
Sectioná1908k(repealed)
Title 3
Curatorship
Sectioná1909Supplementary curatorship
Sectioná1910(repealed)
Sectioná1911Curatorship of absentees
Sectioná1912Curatorship for an unborn child
Sectioná1913Curatorship for unknown persons involved
Sectioná1914Curatorship for collected property
Sectioná1915Application of guardianship law
Sectioná1916Designation as supplementary curator
Sectioná1917Naming of the supplementary curator by testator and third parties
Sectioná1918Termination of the curatorship by operation of law
Sectioná1919Cancellation of the curatorship on cessation of reason
Sectioná1920(repealed)
Sectioná1921Cancellation of the curatorship of absentees
Book 5
Law of Succession
Division 1
Succession
Sectioná1922Universal succession
Sectioná1923Capacity to inherit
Sectioná1924Heirs on intestacy of the first degree
Sectioná1925Heirs on intestacy of the second degree
Sectioná1926Heirs on intestacy of the third degree
Sectioná1927More than one share of the inheritance in the case of multiple relationship
Sectioná1928Heirs on intestacy of the fourth degree
Sectioná1929More distant degrees
Sectioná1930Priority of the degrees
Sectioná1931Right of intestate succession of the spouse
Sectioná1932Preferential benefit of the spouse
Sectioná1933Exclusion of the right of succession of the spouse
Sectioná1934Right of succession of spouse who is a relative
Sectioná1935Consequences of increase of share of the inheritance
Sectioná1936Right of intestate succession of the State
Sectioná1937Appointment of heir by testamentary disposition
Sectioná1938Disinheritance without appointment of an heir
Sectioná1939Legacy
Sectioná1940Testamentary burden
Sectioná1941Contract of inheritance
Division 2
Legal position of the heir
Title 1
Acceptance and disclaimer of the inheritance; supervision of the probate court
Sectioná1942Devolution and disclaimer of the inheritance
Sectioná1943Acceptance and disclaimer of the inheritance
Sectioná1944Period for disclaimer
Sectioná1945Form of disclaimer
Sectioná1946Date for acceptance or disclaimer
Sectioná1947Condition and stipulation as to time
Sectioná1948More than one ground of entitlement
Sectioná1949Mistake as to the ground of entitlement
Sectioná1950Partial acceptance; partial disclaimer
Sectioná1951More than one share of the inheritance
Sectioná1952Inheritability of the right of disclaimer
Sectioná1953Effect of disclaimer
Sectioná1954Period of avoidance
Sectioná1955Form of avoidance
Sectioná1956Avoidance of failure to disclaim in good time
Sectioná1957Effect of avoidance
Sectioná1958Judicial assertion of claims against the heir
Sectioná1959Management before the disclaimer
Sectioná1960Securing the estate; curator of the estate
Sectioná1961Curatorship of the estate on application
Sectioná1962Jurisdiction of the probate court
Sectioná1963Maintenance for the mother-to-be of an heir
Sectioná1964Presumption that the treasury is heir
Sectioná1965Public invitation to notify the rights of succession
Sectioná1966Legal position of the treasury before determination
Title 2
Liability of the heir for the obligations of the estate
Subtitle 1
Obligations of the estate
Sectioná1967Liability of heir, obligations of the estate
Sectioná1968Costs of funeral
Sectioná1969Maintenance for thirty days
Subtitle 2
Public notice to the creditors of the estate
Sectioná1970Notification of the claims
Sectioná1971Creditors not affected
Sectioná1972Rights not affected
Sectioná1973Exclusion of creditors of the estate
Sectioná1974Defence of withheld information
Subtitle 3
Restriction of the liability of the heir
Sectioná1975Administration of estate; estate insolvency
Sectioná1976Effect on legal relationships extinguished by merger
Sectioná1977Effect on a set-off
Sectioná1978Responsibility of the heir for previous administration, reimbursement of expenses
Sectioná1979Discharge of obligations of the estate
Sectioná1980Application for institution of estate insolvency proceedings
Sectioná1981Order of administration of the estate
Sectioná1982Refusal to order administration of the estate for insufficiency of assets
Sectioná1983Public notice
Sectioná1984Effect of the order
Sectioná1985Duties and liability of the administrator of the estate
Sectioná1986Delivery of the estate
Sectioná1987Payment of the administrator of the estate
Sectioná1988End and cancellation of administration of the estate
Sectioná1989Defence by the heir of exhaustion of assets
Sectioná1990Defence by the heir of insufficiency of assets
Sectioná1991Consequences of defence of insufficiency of assets
Sectioná1992Overindebtedness as a result of legacies and testamentary burdens
Subtitle 4
Filing of an inventory, unlimited liability of the heir
Sectioná1993Filing of an inventory
Sectioná1994Inventory period
Sectioná1995Length of the period
Sectioná1996Fixing a new period
Sectioná1997Suspension of the expiry of the period
Sectioná1998Death of the heir before expiry of the period
Sectioná1999Notice to the court
Sectioná2000Ineffectiveness of the fixing of the period
Sectioná2001Contents of the inventory
Sectioná2002Preparation of the inventory by the heir
Sectioná2003Official preparation of the inventory
Sectioná2004Reference to an existing inventory
Sectioná2005Unlimited liability of the heir if the inventory is incorrect
Sectioná2006Declaration in lieu of an oath
Sectioná2007Liability in the case of more than one share of the inheritance
Sectioná2008Inventory for an inheritance that is part of marital property
Sectioná2009Effect of filing of inventory
Sectioná2010Inspectionáof the inventory
Sectioná2011No inventory period for the treasury as heir
Sectioná2012No inventory period for the curator and administrator of the estate
Sectioná2013Consequences of the unlimited liability of the heir
Subtitle 5
Suspensive defences
Sectioná2014Defence within three months
Sectioná2015Defence of the public notice procedure
Sectioná2016Exclusion of defences in the case of unlimited liability of the heir
Sectioná2017Beginning of the period of time in the case of curatorship of the estate
Title 3
Claim to inheritance
Sectioná2018Duty of surrender of the possessor of the inheritance
Sectioná2019Direct substitution
Sectioná2020Emoluments and fruits
Sectioná2021Duty of surrender under principles of unjust enrichment
Sectioná2022Reimbursement of outlays and expenses
Sectioná2023Liability after litigation is pending and for emoluments and outlays
Sectioná2024Liability with knowledge
Sectioná2025Liability in the case of tort
Sectioná2026No reliance on acquisition by prescription
Sectioná2027Duty of information of the possessor of the inheritance
Sectioná2028Duty of information of occupant of house
Sectioná2029Liability in the case of individual claims by the heir
Sectioná2030Legal position of the acquirer of the inheritance
Sectioná2031Claim of person declared dead for surrender
Title 4
More than one heir
Subtitle 1
Legal relationship of the heirs between themselves
Sectioná2032Community of heirs
Sectioná2033Right of disposition of the co-heir
Sectioná2034Right of preemption as against seller
Sectioná2035Right of preemption as against buyer
Sectioná2036Liability of buyer of share of the inheritance
Sectioná2037Resale of the share of the inheritance
Sectioná2038Joint management of the estate
Sectioná2039Estate claims
Sectioná2040Disposal of objects of the estate, set-off
Sectioná2041Direct substitution
Sectioná2042Partitioning
Sectioná2043Postponement of partitioning
Sectioná2044Exclusion of partitioning
Sectioná2045Postponement of partitioning
Sectioná2046Discharge of obligations of the estate
Sectioná2047Distribution of the surplus
Sectioná2048Directionsáby the deceased for partitioning
Sectioná2049Taking over of a farm
Sectioná2050Duty to adjust advancements for descendants as heirs on intestacy
Sectioná2051Duty to adjust advancements if a descendant does not inherit
Sectioná2052Duty to adjust advancements for descendants as heirs by will
Sectioná2053Gift to more remote or adopted descendant
Sectioná2054Gift from the marital property
Sectioná2055Carrying out the adjustment
Sectioná2056Excess gifts
Sectioná2057Duty of information
Sectioná2057aDuty 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
Sectioná2058Joint and several liability
Sectioná2059Liability until division
Sectioná2060Liability after division
Sectioná2061Public notice to the creditors of the estate
Sectioná2062Application for administration of the estate
Sectioná2063Filing of an inventory, limitation of liability
Division 3
Will
Title 1
General provisions
Sectioná2064Made in person
Sectioná2065Determination by third parties
Sectioná2066Heirs on intestacy of the testator
Sectioná2067Relatives of the testator
Sectioná2068Children of the testator
Sectioná2069Descendants of the testator
Sectioná2070Descendants of a third party
Sectioná2071Group of persons
Sectioná2072The poor
Sectioná2073Ambiguous designation
Sectioná2074Condition precedent
Sectioná2075Condition subsequent
Sectioná2076Condition for the benefit of a third party
Sectioná2077Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement
Sectioná2078Avoidance for mistake or duress
Sectioná2079Avoidance for omission of a person entitled to a compulsory portion
Sectioná2080Person entitled to avoid
Sectioná2081Declaration of avoidance
Sectioná2082Period of avoidance
Sectioná2083Defence of voidability
Sectioná2084Interpretation favouring effectiveness
Sectioná2085Partial ineffectiveness
Sectioná2086Reservation of right to make addition
Title 2
Appointment of heirs
Sectioná2087Gift of property, of fraction of property or of individual objects
Sectioná2088Appointment to fractions
Sectioná2089Increase of the fractions
Sectioná2090Reduction of the fractions
Sectioná2091Undetermined fractions
Sectioná2092Partial appointment to fractions
Sectioná2093Joint share of the inheritance
Sectioná2094Accrual
Sectioná2095Accrued share of the inheritance
Sectioná2096Substitute heir
Sectioná2097Rule of interpretation in the case of substitute heir
Sectioná2098Mutual appointment as substitute heir
Sectioná2099Substitute heir and accrual
Title 3
Appointment of a subsequent heir
Sectioná2100Subsequent heir
Sectioná2101Subsequent heir not yet conceived
Sectioná2102Subsequent heir and substitute heir
Sectioná2103Order to surrender the inheritance
Sectioná2104Heirs on intestacy as subsequent heirs
Sectioná2105Heirs on intestacy as prior heirs
Sectioná2106Occurrence of subsequent succession
Sectioná2107Childless prior heir
Sectioná2108Capacity to inherit; inheritability of the subsequent succession
Sectioná2109End of effectiveness of subsequent succession
Sectioná2110Scope of the right of subsequent succession
Sectioná2111Direct substitution
Sectioná2112Right of disposal of the prior heir
Sectioná2113Dispositions of plots of land, ships and ships under construction; gifts
Sectioná2114Dispositions of mortgage claims, land charges and annuity land charges
Sectioná2115Dispositions in execution of judgment against prior heir
Sectioná2116Deposit of securities
Sectioná2117Change of registration; conversion
Sectioná2118Blocking note in debt ledger
Sectioná2119Investment of money
Sectioná2120Duty of subsequent heir to consent
Sectioná2121List of objects of inheritance
Sectioná2122Determination of the condition of the inheritance
Sectioná2123Economic plan
Sectioná2124Costs of maintenance
Sectioná2125Outlays; right to remove
Sectioná2126Extraordinary burdens
Sectioná2127Right to information of subsequent heir
Sectioná2128Provision of security
Sectioná2129Effect of deprivation of management
Sectioná2130Duty to surrender after the occurrence of subsequent succession, duty to render account
Sectioná2131Scope of duty of care
Sectioná2132No liability for ordinary wear and tear
Sectioná2133Improper or excessive taking of fruits
Sectioná2134Own use
Sectioná2135Lease and usufructuary lease in subsequent succession
Sectioná2136Release of the prior heir
Sectioná2137Rule of interpretation for the release
Sectioná2138Restricted obligation to surrender
Sectioná2139Effect of occurrence of subsequent succession
Sectioná2140Dispositions of the prior heir after occurrence of subsequent succession
Sectioná2141Maintenance for the mother-to-be of a subsequent heir
Sectioná2142Disclaimer of subsequent succession
Sectioná2143Restoration of extinguished legal relationships
Sectioná2144Liability of the subsequent heir for the obligations of the estate
Sectioná2145Liability of the prior heir for the obligations of the estate
Sectioná2146Duty of prior heir to notify creditors of the estate
Title 4
Legacies
Sectioná2147Person charged with a legacy
Sectioná2148More than one person charged with a legacy
Sectioná2149Legacy for heirs on intestacy
Sectioná2150Preferential legacy
Sectioná2151Right to decide of the person charged or of a third person in the event of more than one person provided for
Sectioná2152Choice of persons provided for
Sectioná2153Determination of shares
Sectioná2154Optional legacy
Sectioná2155General legacy
Sectioná2156Legacy for a special purpose
Sectioná2157Joint legacy
Sectioná2158Accrual
Sectioná2159Independence of the accrual
Sectioná2160Prior death of person provided for
Sectioná2161Where the person charged does not inherit
Sectioná2162Thirty-year period for a suspended legacy
Sectioná2163Exceptions to the thirty-year period
Sectioná2164Extension to accessories and claims to compensation
Sectioná2165Charges
Sectioná2166Charge with a mortgage
Sectioná2167Charge with a blanket mortgage
Sectioná2168Charge with a blanket land charge
Sectioná2168aApplication to ships, ships under construction and ship mortgages
Sectioná2169Legacy of foreign objects
Sectioná2170Legacy to be procured
Sectioná2171Impossibility, statutory prohibition
Sectioná2172Combination, intermixture, mingling of the bequeathed thing
Sectioná2173Claim as a legacy
Sectioná2174Claim arising under a legacy
Sectioná2175Restoration of extinguished legal relationships
Sectioná2176Devolution of the legacy
Sectioná2177Devolution in the event of a condition or a time limit
Sectioná2178Devolution in the event of a person provided for not yet conceived or determined
Sectioná2179Period of suspense
Sectioná2180Acceptance and disclaimer
Sectioná2181Discretionary due date
Sectioná2182Liability for legal defects
Sectioná2183Liability for material defects
Sectioná2184Fruits and emoluments
Sectioná2185Reimbursement of outlays and expenses
Sectioná2186Due date of sublegacy or testamentary burden
Sectioná2187Liability of the main legatee
Sectioná2188Reduction of the charges
Sectioná2189Directionsáconcerning priority
Sectioná2190Substitute legatee
Sectioná2191Subsequent legatee
Title 5
Testamentary burden
Sectioná2192Applicable provisions
Sectioná2193Appointment of the beneficiary, period for fulfilment
Sectioná2194Claim for fulfilment
Sectioná2195Relationship between testamentary burden and gift
Sectioná2196Impossibility of fulfilment
Title 6
Executor
Sectioná2197Appointment of an executor
Sectioná2198Determination of the executor by a third person
Sectioná2199Appointment of co-executor or successor
Sectioná2200Appointment by the probate court
Sectioná2201Ineffectiveness of the appointment
Sectioná2202Acceptance and refusal of office
Sectioná2203Task of the executor
Sectioná2204Partitioning of the estate between co-heirs
Sectioná2205Administration of the estate, power of disposal
Sectioná2206Incurring obligations
Sectioná2207Extended authority
Sectioná2208Limitation of the rights of the executor, execution by the heir
Sectioná2209Permanent execution
Sectioná2210Thirty-year period for permanent execution
Sectioná2211Limitation on dispositions of the heir
Sectioná2212Assertion in court of the rights subject to the execution of the will
Sectioná2213Assertion in court of claims against the estate
Sectioná2214Creditors of the heir
Sectioná2215Inventory of the estate
Sectioná2216Proper administration of the estate, compliance with directions
Sectioná2217Transfer of objects of the estate
Sectioná2218Legal relationship to the heir; rendering of accounts
Sectioná2219Liability of the executor
Sectioná2220Mandatory law
Sectioná2221Remuneration of the executor
Sectioná2222Executor for the subsequent heir
Sectioná2223Executor of a legacy
Sectioná2224More than one executor
Sectioná2225Expiry of the office of the executor
Sectioná2226Notice of termination by the executor
Sectioná2227Dismissal of the executor
Sectioná2228Inspectionáof records
Title 7
The making and revocation of a will
Sectioná2229Testamentary capacity of minors, lack of testamentary capacity
Sectioná2230(repealed)
Sectioná2231Regular wills
Sectioná2232Public will
Sectioná2233Special cases
Sectionsá2234 - 2246(repealed)
Sectioná2247Holographic will
Sectioná2248Custody of a holographic will
Sectioná2249Emergency will made before the mayor
Sectioná2250Emergency will before three witnesses
Sectioná2251Emergency will made at sea
Sectioná2252Period of validity of emergency wills
Sectioná2253Revocation of the will
Sectioná2254Revocation by will
Sectioná2255Revocation by destruction or changes
Sectioná2256Revocation by the revocation of the will from official custody
Sectioná2257Revocation of the revocation
Sectioná2258Revocation by a later will
Sectioná2258a(repealed)
Sectioná2258b(repealed)
Sectioná2259Obligation to deliver
Sectioná2260(repealed)
Sectioná2261(repealed)
Sectioná2262(repealed)
Sectioná2263Voidness of a prohibition on opening the will
Sectioná2263a, 2264(repealed)
Title 8
Joint will
Sectioná2265Joint will made by spouses
Sectioná2266Joint emergency will
Sectioná2267Joint holographic will
Sectioná2268Effect of nullity or dissolution of marriage
Sectioná2269Reciprocal appointment
Sectioná2270Reciprocal dispositions
Sectioná2271Revocation of reciprocal dispositions
Sectioná2272Revocation of official custody
Sectioná2273
(repealed)
Division 4
Contract of inheritance
Sectioná2274Entering into contract in person
Sectioná2275Requirements
Sectioná2276Form
Sectioná2277(repealed)
Sectioná2278Permissible contractual dispositions
Sectioná2279Contractual gifts and burdens, application of sectioná2077
Sectioná2280Application of sectioná2269
Sectioná2281Avoidance by the testator
Sectioná2282Representation, form of the avoidance
Sectioná2283Period of avoidance
Sectioná2284Confirmation
Sectioná2285Avoidance by third parties
Sectioná2286Dispositions inter vivos
Sectioná2287Gifts adversely affecting the contractual heir
Sectioná2288Prejudice to the legatee
Sectioná2289Effect of the contract of inheritance on testamentary dispositions; application of sectioná2338
Sectioná2290Cancellation by contract
Sectioná2291Cancellation by will
Sectioná2292Cancellation by joint will
Sectioná2293Revocation in the event of reservation
Sectioná2294Revocation in the event of the misconduct of the person provided for
Sectioná2295Revocation in the event of the extinction of a mutual obligation
Sectioná2296Representation, form of revocation
Sectioná2297Revocation by will
Sectioná2298Mutual contract of inheritance
Sectioná2299Unilateral dispositions
Sectioná2300Application of sectionsá2259 and 2263; removal from official or notarial custody
Sectioná2300a(repealed)
Sectioná2301Promise of donation mortis causa
Sectioná2302Unlimited testamentary freedom
Division 5
Compulsory share
Sectioná2303Person entitled to a compulsory share of the estate; amount of the share
Sectioná2304Rules of interpretation
Sectioná2305Additional compulsory share
Sectioná2306Limitations and charges
Sectioná2307Bequest of a legacy
Sectioná2308Avoidance of the disclaimer
Sectioná2309Right of parents and remoter descendants to a compulsory share
Sectioná2310Determination of the share of the inheritance for the calculation of the compulsory share
Sectioná2311Value of the estate
Sectioná2312Value of a farm
Sectioná2313Taking account of conditional, uncertain or unsecured rights; duty of determination of the heir
Sectioná2314Duty of the heir to provide information
Sectioná2315Counting gifts towards the compulsory share
Sectioná2316Duty to adjust advancements
Sectioná2317Creation and transferability of the claim to a compulsory share
Sectioná2318Burden of the compulsory share in the case of legacies and testamentary burdens
Sectioná2319Person entitled to a compulsory share as co-heir
Sectioná2320Compulsory share burden on the heir taking the place of the person entitled to a compulsory share
Sectioná2321Compulsory share burden in the event of a disclaimer of a legacy
Sectioná2322Reduction of legacies and testamentary burdens
Sectioná2323Heir not charged with a compulsory share
Sectioná2324Deviating directionsáby the testator concerning the compulsory share burden
Sectioná2325Claim for the augmentation of compulsory shares in the event of gifts
Sectioná2326Augmentation to more than half of the share of the inheritance on intestacy
Sectioná2327Receipt of gift by a person entitled to a compulsory share
Sectioná2328Heir himself as person entitled to a compulsory share
Sectioná2329Claim against the recipient of a gift
Sectioná2330Gift arising from a moral duty
Sectioná2331Gifts made from marital property
Sectioná2331aAdditional time
Sectioná2332Limitation
Sectioná2333Deprivation of a compulsory share
Sectioná2334(repealed)
Sectioná2335(repealed)
Sectioná2336Form, burden of proof and ineffectiveness of deprivation
Sectioná2337Forgiveness
Sectioná2338Limitation of the compulsory share
Division 6
Unworthiness to inherit
Sectioná2339Grounds for unworthiness to inherit
Sectioná2340Enforcement of the unworthiness to inherit by avoidance
Sectioná2341Persons entitled to avoid
Sectioná2342Action for avoidance
Sectioná2343Forgiveness
Sectioná2344Effect of a declaration of unworthiness to inherit
Sectioná2345Unworthiness to receive a legacy; unworthiness to receive a compulsory share
Division 7
Renunciation of inheritance
Sectioná2346Effect of the renunciation of inheritance, possibility of limitation
Sectioná2347Personal requirements, representation
Sectioná2348Form
Sectioná2349Extension to descendants
Sectioná2350Renunciation in favour of another
Sectioná2351Revocation of a renunciation of the inheritance
Sectioná2352Renunciation of gifts
Division 8
Certificate of inheritance
Sectioná2353Competence of the probate court, application
Sectioná2354Statements of the heir on intestacy in the application
Sectioná2355Statements of the testamentary heir in the application
Sectioná2356Proof of accuracy of statements
Sectioná2357Joint certificate of inheritance
Sectioná2358Investigations by the probate court
Sectioná2359Requirements for the issue of a certificate of inheritance
Sectioná2360(repealed)
Sectioná2361Revocation or declaration of invalidity of an inaccurate certificate of inheritance
Sectioná2362Claim for return and information by the true heir
Sectioná2363Contents of the certificate of inheritance for the prior heir
Sectioná2364Indication of the executor in the certificate of inheritance, claim for delivery by the executor
Sectioná2365Presumption of legitimacy of the certificate of inheritance
Sectioná2366Presumption of the authenticity of the certificate of inheritance
Sectioná2367Performance for the person named as heir in the certificate of inheritance
Sectioná2368Executor’s certificate
Sectioná2369Certificate of inheritance limited to objects
Sectioná2370Presumption of authenticity of declaration of death
Division 9
Purchase of an inheritance
Sectioná2371Form
Sectioná2372Advantages due to purchaser
Sectioná2373Parts remaining for the seller
Sectioná2374Duty to return
Sectioná2375Duty to compensate
Sectioná2376Liability of the seller
Sectioná2377Restoration of extinguished legal relationships
Sectioná2378Obligations of the estate
Sectioná2379Emoluments and charges prior to the sale
Sectioná2380Passing of the risk, emoluments and charges after the sale
Sectioná2381Reimbursement of outlays and expenses
Sectioná2382Liability of the purchaser in relation to the creditors of the estate
Sectioná2383Scope of liability of the purchaser
Sectioná2384The duty of notification of the seller towards the creditors of the estate, right of inspection
Sectioná2385Application to similar contracts