1896de Book3 Chapter05 Title02 Part03
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 V. Servitudes.
Title II. Usufruct.
Part III. Usufruct of a Person’s Whole Property.
- A usufruct of the whole property of a person may be granted only in such manner that the usufructuary acquires the usufruct of the individual object comprised in such property. Where the usufruct is so granted, the provisions of 1086 to 1088 apply.
- The creditors of the grantor may, in so far as their claims were created before the grant, demand satisfaction out of the objects subject to the usufruct, without regard to the usufruct. If the usufructuary has acquired ownership of fungible things, the claim of the grantor for reimbursement for the value takes the place of the things; the usufructuary is bound towards the creditors to make immediate reimbursement.
- [I] The grantor may, if any claim created before the grant is due, require the usufructuary to return the objects necessary for the satisfaction of the creditor. The grantor has the right of selection; he may, however, only select the appropriate objects. If the objects returned suffice, the grantor is bound to satisfy the creditor on behalf of the usufructuary.
- [II] The usufructuary may fulfil the obligation by delivery of the object owed. Where the object owed is not included in the property which is subject to the usufruct, the usufructuary is entitled, for the purpose of satisfying the creditor, to alienate an object belonging to the property, if satisfaction by the grantor cannot be expected with certainty. He has to select an appropriate object. Where he is bound to make reimbursement for the value of fungible things he cannot alienate.
- [I] The creditors of the grantor, whose claims were already bearing interest at the time of the grant, may also demand interest from the usufructuary during the term of the usufruct. The same rule applies to other periodical payments which, in due course of management, are paid out of the income of the property, provided the claim was created before the grant of the usufruct.
- [II] The liability of the usufructuary may not be excluded or limited by agreement between him and the grantor.
- [III] The usufructuary is liable to the grantor for the satisfaction of the creditors in respect of any of the claims specified in par. 1. The grantor may require the return of any objects for the purpose of satisfying the creditors only if the usufructuary is in default with the fulfilment of the obligation to make such satisfaction.
- The provisions of 1085 to 1088 apply mutatis mutandis to the usufruct of an inheritance.
