1896de Book3 Chapter03 Title03 Part02
From Thai Codification Codes of 1925
- Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]
- Original Version in German.
Book III. Low of Things.
Chapter III. Ownership.
Title III. Acguisition and Loss of Ownership of Moveables.
Part II. Usucapion.
- [I] A person who has a moveable for ten years in his proprietary possession acquires ownership thereof (usucapion).
- [II] Usucapion is excluded if the acquirer was in bad faith at the time of acquiring proprietary possession, or if he subsequently learns that the ownership does not belong to him.
- If a person has had a thing in his proprietary possession at the beginning and at the end of a period, it is presumed that his proprietary possession has been continuous in the intermediate time.
- Usucapion may not begin and, where it has begun, may not be continued, so long as the prescription of the claim of ownership is suspended, or the provisions of 206, 207 prevent its completion.
- [I] Usucapion is interrupted by the loss of proprietary possession.
- [II] It is deemed to be no interruption, if the proprietary possessor has lost his proprietary possession against his will and has recovered it within one year, or by means of action brought within such period.
- Usucapion is interrupted, if the claim of ownership be enforced in court against the proprietary possessor, or, in case of indirect possession, against the possessor who derives his right to possession from the proprietary possessor; the interruption operates, however, only in favour of the person who has brought it about. The provisions of 209 to 212, 216, 219, 220, applicable to prescription, apply mutatis mutandis.
- If usucapion is interrupted, the time which has elapsed before the interruption is not taken into consideration; a new usucapion may not begin until after the termination of the interruption.
- If a thing comes into the proprietary possession of a third party by succession in title, the time of usucapion which has elapsed during the possession of the predecessor in title is reckoned in favour of such third party
- The time of usucapion which has elapsed in favour of a possessor of an inheritance is reckoned in favour of the heir.
- Upon the acquisition of ownership by usucapion all rights of third parties over the thing created before the acquisition of proprietary possession are extinguished, unless the proprietary possessor, at the time of acquiring proprietary possession, was in bad faith in respect of such rights, or subsequently learns of their existence. The period of usucapion must have elapsed also in respect of the rights of such third parties; the provisions of 939 to 944 apply mutatis mutandis.
