1896de Book3 Chapter07

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.

Chapter VII. Perpetual Charge on Land.

Section 1105.

• [I] A piece of land may be charged with a right in such manner that periodical acts of performance are to be done with the means derived from the land in favour of the person in whose favour the right exists (i.e., a perpetual charge).
• [II] A perpetual charge may also be granted in favour of the owner for the time being of another piece of land.

Section 1106.

• An undivided share in a piece of land may be charged with a perpetual charge only where it consists of the share of a co-owner.

Section 1107.

• The provisions relating to interest payments upon a hypothecary claim apply mutatis mutandis to the individual acts of performance.

Section 1108.

• [I] The owner is also personally liable for the acts of performance becoming due during the time of his ownership, unless ' it is otherwise provided.
• [II] If the land is divided the owners of the several parts are liable as joint debtors.

Section 1109.

• [I] If the land of the person entitled is divided the perpetual charge continues to exist for the benefit of the several parts. If the act of performance is divisible, the shares of the owners are determined in proportion to the size of the parts; if it is not divisible, the provisions of 432 apply. The exercise of the right is, in case of doubt, permissible only in such manner that it does not become more onerous for the owner of the land subject to the perpetual charge.
• [II] The person entitled may provide that the right shall be attached to only one of the parts. The provision shall be made at the land registry office, and requires entry in the land register. The provisions of 876, 878 apply mutatis mutandis. If the person entitled alienates a part of the land without making such a provision, the right remains attached to the part which he retains.
• [III] If the perpetual charge is of advantage to only one of the parts it remains attached to such part alone.

Section 1110.

• A perpetual charge existing in favour of the owner for the time being of a piece of land may not be separated from the ownership of such land.

Section 1111.

• [I] A perpetual charge existing in favour of a particular person may not be attached to the ownership of a piece of land.
• [II] If the claim for the individual acts of performance is not transferable, the right may not be alienated or charged.

Section 1112.

• If the person entitled is unknown, the provisions of 1104 apply mutatis mutandis to the exclusion of his right.