1896de Book3 Chapter03 Title03 Part04
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 IV. Acquisition of Products and other Component Parts of a Thing.
- Products and other component parts of a thing belong to the owner of the thing even after their separation from the thing, in so far as a contrary intention does not appear from 954 to 957.
- A person who, by virtue of a right over a thing belonging to another, is entitled to appropriate to himself products or other component parts of the thing, acquires the ownership of them upon their separation from the thing, subject to the provisions of 955 to 957.
- [I] A person who is in proprietary possession of a thing acquires the ownership of its products and other component parts which are deemed to be its fruits, upon their separation from the thing, subject to the provisions of 956, 957. The acquisition is excluded if the proprietary possessor is not entitled to proprietary possession, or if another person by virtue of a right over the thing is entitled to take its fruits, and the proprietary possessor was in bad faith at the time of acquiring proprietary possession, or learns of any defect in his title before the separation.
- [II] A person who possesses a thing for the purpose of exercising a right of use over it is in the same position as a proprietary possessor.
- [III] The provision of 940, par. 2, applies mutatis mutandis to proprietary possession and the possession which is equivalent to it.
- [I] Where the owner permits another to appropriate to himself products or other component parts of the thing, the latter acquires ownership in them, if the possession of the thing is relinquished to him, upon separation; otherwise upon taking possession. If the owner is bound to give such permission he may not revoke it so long as the other remains in possession of the thing relinquished to him.
- [II] The same rule applies if the permission is given not by the owner, but by another person to whom products or other component parts of a thing belong after separation.
- The provisions of 956 apply even if the person who permits appropriation by another is not entitled to do so, unless the other, where possession of the thing is relinquished to him, at the time of such relinquishment, otherwise at the time of taking possession of the products or other component parts, is in bad faith, or learns of any defect in his title before separation.
