1896de Book3 Chapter05 Title02 Part02

GERMAN CIVIL CODE OF 1896

• 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 V. Servitudes.

Title II. Usufruct.

Section 1068.

• [I] The object of a usufruct may also be a right.
• [II] The provisions relating to the usufruct of things apply mutatis mutandis to the usufruct of rights, unless a contrary intention appears from 1069 to 1084.

Section 1069.

• [I] The grant of a usufruct of a right is effected according to the provisions applicable to the transfer of rights.
• [II] A usufruct of a right which is not transferable may not be granted.

Section 1070.

• [I] If aright by virtue of which an act of performance can be demanded is the object of a usufruct, the provisions which apply to the legal relation between the acquirer and the person bound in the case of a transfer of the right apply mutatis mutandis to the legal relation between the usufructuary and the person bound.
• [II] If the exercise of the usufruct is transferred to a receiver as provided for in 1052, the transfer is effective as against the person bound only if he has knowledge of the decree issued, or if the decree is communicated to him. The same rule applies to the termination of the management by the receiver.

Section 1071.

• [I] A right subject to a usufruct may be terminated by juristic act only with the consent of the usufructuary. The consent shall be declared to the person in whose favour it is given; it is irrevocable. The provision of 876, sentence 3, remains unaffected.
• [II] The same rule applies to the case of an alteration of the right, so far as the alteration impairs the usufruct.

Section 1072.

• The usufruct may also be terminated in the manner provided for by 1063, 1064, even if the right subject to the usufruct is not a right over a moveable.

Section 1073.

• The usufructuary of an annuity, a right to recurring acts of performance stipulated for in the transfer of a farm, or a similar right, can demand the several payments which can be demanded by reason of the right.

Section 1074.

• The usufructuary of a claim is entitled to collect the claim, and, if its maturity depends upon notice by the creditor, to give such notice. He shall take care for its proper collection. He is not entitled to make other dispositions of the claim.

Section 1075.

• [I] Upon payment by the debtor to the usufructuary the creditor acquires the object given in payment, and the usufructuary acquires the usufruct of the object.
• [II] If fungible things are given in payment, the usufructuary acquires the ownership of such things; the provisions of 1067 apply mutatis mutandis.

Section 1076.

• If a claim bearing interest is the object of a usufruct, the provisions of 1077 to 1079 apply.

Section 1077.

• [I] The debtor may pay the principal only to the usufructuary and the creditor in common. Wither of them may require that payment be made to them in common; either may demand lodgment on their joint account, instead of payment.
• [II] The usufructuary and the creditor may only give notice in common. Notice by the debtor is effective only if it is communicated to the usufructuary and the creditor.

Section 1078.

• If the claim is matured, the usufructuary and the creditor are mutually bound to concur in its collection. If maturity depends upon notice, either party may require the other to concur in giving notice, if the collection of the claim is required by the rules of proper management of property on account of danger to its security.

Section 1079.

• The usufructuary and the creditor are mutually bound to concur in the, investment of the collected capital under the provisions applicable to the investment of money belonging to a ward, and in the simultaneous grant of a usufruct to the usufructuary. The usufructuary determines the manner of investment.

Section 1080.

• The provisions relating to the usufruct of a claim apply also to the usufruct of a land charge, or of an annuity charge.

Section 1081.

• [I] If the object of a usufruct is an instrument payable to bearer or an instrument to order endorsed in blank, the possession of the instrument and of its renewal coupons belongs to the usufructuary and the owner jointly. The possession of the interest coupons, annuity coupons, or dividend coupons of the instrument belongs to the usufructuary.
• [II] For the grant of the usufruct, the creation of joint possession suffices instead of the delivery of the instrument.

Section 1082.

• The instrument together with its renewal coupons shall, on demand by the usufructuary or owner, be lodged in a lodgment office, subject to the condition that withdrawal can be required only by the usufructuary and the owner in common. The usufructuary may also require lodgment in the Imperial bank.

Section 1083.

• [I] The usufructuary and the owner of the instrument are mutually bound to collect the matured principal; to procure new interest coupons, annuity coupons, or dividend coupons; and to concur in other measures which are required by the rules of proper management of property.
• [II] In case of the payment of the instrument the provisions of 1079 apply. Any surplus paid at the time of payment is deemed to be part of the principal.

Section 1084.

• If an instrument to bearer or an instrument to order indorsed in blank is a fungible thing within the meaning of 92, the provisions of 1067 apply.