1896de Book3 Chapter04: Difference between revisions
From Thai Codification Codes of 1925
Created page with "= '''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]] * Original Version in German. == Book III. Low of Things. == === Chapter IV. Heritable Building Rights. === ======..." |
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== Book III. Low of Things. == | == Book III. Low of Things. == | ||
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=== Chapter IV. Heritable Building Rights. === | === Chapter IV. Heritable Building Rights. === | ||
Latest revision as of 06:18, 21 September 2025
- 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 IV. Heritable Building Rights.
- A piece of land may be charged with a right in such manner that the person in whose favour the right is created has an alienable and heritable right to have a structure upon or beneath the surface of such land (i.e., a heritable building right).
- A heritable building right may be extended to the use of a part of the land not necessary for the structure, if it affords an advantage for the use of the structure.
- The limitation of a heritable building right to a part of a building, e.g., to one particular story, is not permissible.
- The real agreement between the owner and the acquirer necessary according to 873 for the creation of a heritable building right must be declared at the land registry office, both parties being simultaneously present.
- A heritable building right is not extinguished by the destruction of the structure.
- [I] The provisions relating to land apply to heritable building rights.
- [II] The provisions applicable to acquisition of ownership and to claims arising from ownership apply mutatis mutandis to heritable building rights.
