1896de Book3 Chapter03 Title03 Part05

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.

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Chapter III. Ownership.

Title III. Acguisition and Loss of Ownership of Moveables.

Part V. Appropriation.
  • [I] A person who takes proprietary possession of an ownerless moveable acquires ownership of such moveable.
  • [II] Ownership is not acquired if the appropriation is forbidden by law, or if by taking possession the right of another to appropriate the moveable is violated.
  • A moveable becomes ownerless if the owner gives up its possession with the intention of renouncing its ownership.
  • [I] Wild animals are ownerless, so long as they have their freedom. Wild animals in zoological collections and fishes in ponds or other enclosed private waters are not ownerless.
  • [II] If a captured wild animal regains its freedom, it becomes ownerless, unless the owner pursue the animal without delay, or gives up the pursuit.
  • [III] A tame animal becomes ownerless if it gives up the habit of resorting to its appointed place.
  • If a swarm of bees migrates, they become ownerless, unless the owner pursue them without delay, or gives up the pursuit.
  • The owner of a swarm of bees may, in pursuit of them, enter upon the land of another. If the swarm has entered an unoccupied hive belonging to another person, the owner of the swarm, for the purpose of securing them, may open the hive and take out or break out the combs. He shall make compensation for any damage arising therefrom.
  • If swarms belonging to several owners coalesce after swarming, the owners who have pursued their swarms become co-owners of the united swarms when secured; their shares are determined according to the number of the swarms pursued.
  • If a swarm has entered an occupied hive belonging to another person, the ownership and all other rights in the bees which were occupying the hive extend to the swarm which has entered. The ownership and all other rights in the entering swarm are extinguished.