Codesuser: /* BOOK I. General Principles. */

2025-09-21T05:35:51Z

BOOK I. General Principles.

← Older revision		Revision as of 05:35, 21 September 2025
Line 4:		Line 4:

	== BOOK I. General Principles. ==		== BOOK I. General Principles. ==
			'''[[1896de_Book1_Chapter05\|← Previous Page]]''' \| '''[[1896de_Book1_Chapter07\|Next Page →]]'''

	=== Chapter VI. Exercise of Rights, Self-Defense, Self-Help. ===		=== Chapter VI. Exercise of Rights, Self-Defense, Self-Help. ===

Codesuser: 1 revision imported

2025-08-03T13:42:38Z

1 revision imported

← Older revision	Revision as of 13:42, 3 August 2025
(No difference)

Codesuser: 1 revision imported

2025-05-02T13:57:58Z

1 revision imported

New page

= '''[[1896de Main Page|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 [https://archive.org/details/germancivilcod00germ Archive.org]]

== BOOK I. General Principles. ==

=== Chapter VI. Exercise of Rights, Self-Defense, Self-Help. ===

====== '''[[1896de Teil1 Abschnitt06#§_226.|Section 226.]]''' ======
* The exercise of a right which can only have the purpose of causing injury to another is unlawful.

====== '''[[1896de Teil1 Abschnitt06#§_227.|Section 227.]]''' ======
* [I] An act required for purposes of necessary defence is not unlawful.
* [II] Necessary defence is that defence which is necessary in order to repel an actual unlawful attack upon oneself or another.

====== '''[[1896de Teil1 Abschnitt06#§_228.|Section 228.]]''' ======
* If a person injures or destroys a thing belonging to another in order to avert from himself or from another a danger threatened by it, he does not act unlawfully, if such injury or destruction is necessary to avert the danger, and the damage is not out of proportion to the danger. If the danger was caused by such person's fault he is liable to make compensation.

====== '''[[1896de Teil1 Abschnitt06#§_229.|Section 229.]]''' ======
* If a person, for the purpose of self-help, destroys or injures a thing, or for the purpose of self-help apprehends an obligor who is suspected of intending flight or overcomes the resistance of the obligee to an act which the latter is bound to permit, he does not act unlawfully if the help of a magistrate is not obtainable in a reasonable time, and there is danger that if he does not act immediately the realisation of the claim will be frustrated or seriously impeded.

====== '''[[1896de Teil1 Abschnitt06#§_230.|Section 230.]]''' ======
* [I] Self-help must not be carried further than is necessary to avert the danger.
* [II] In case of the seizure of things, unless compulsory execution is effected, leave to distrain shall be applied for.
* [III] In case of the apprehension of the obligor, unless he is again set at liberty, leave for the precautionary detention of his person shall be applied for to the District Court in whose district the apprehension took place; the obligor shall be brought before the Court without delay.
* [IV] If the application to the Court is delayed or rejected, the restitution of the things seized and the liberation of the person apprehended shall take place without delay.

====== '''[[1896de Teil1 Abschnitt06#§_231.|Section 231.]]''' ======
* If any person does one of the acts specified in 229 under the erroneous assumption that the necessary conditions exist to render his act lawful, he is liable to compensate the other party, even if the error was not due to negligence.

1896de Book1 Chapter06 - Revision history

Codesuser: /* BOOK I. General Principles. */

Codesuser: 1 revision imported

Codesuser: 1 revision imported