1896de Book3 Chapter03 Title05
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 III. Ownership.
Title V. Co-ownership.
- If the ownership of a thing belongs to several persons by undivided shares the provisions of 1009 to 1011 apply.
- [I] The thing held in co-ownership may be charged with rights even in favour of one of the co-owners.
- [II] The charging of a piece of land held in co-ownership with rights in favour of the owner for the time being of another piece of land, or the charging of another piece of land with rights in favour of the owners for the time being of the land held in co-ownership is not excluded by reason of the fact that the other land belongs to one of the owners of the land held in co-ownership.
- [I] If the co-owners of a piece of land have regulated the management and use of the land, or have excluded permanently or temporarily the right to demand partition or prescribed a term of notice, the arrangement made is not effective as against a successor in title of one of the co-owners unless it has been entered in the land register as a right with which the share is charged.
- [II] The claims specified in 755, 756 may not be enforced against a successor in title of one of the co-owners unless they have been entered in the land register.
- Every co-owner may enforce as against third parties any claims arising from ownership in respect of the entire thing; the claim for return of the thing, however, only subject to the conditions specified in 432.
