1896de Book3 Chapter03 Title02
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 II. Acguisition and Loss of Ownership of Land.
- [I] The real agreement of the alienor and the acquirer necessary according to 873 for the transfer of ownership of land (i.e., a conveyance by agreement) must be declared at the land registry office in the presence of both parties simultaneously.
- [II] A conveyance by agreement made subject to any condition or limitation of time is of no effect.
- [I] If the alienor and the acquirer have agreed that the alienation shall extend to the accessories of the land, the acquirer acquires ownership of the land and of its accessories existing at the time of the acquisition, in so far as they belong to the alienor. In case of doubt it is to be presumed that the alienation extends to the accessories.
- [II] If, by virtue of the alienation, the acquirer acquires possession of accessories which do not belong to the alienor, or which are subject to rights of third parties, the provisions of 932 to 936 apply; the question as to the good faith of the acquirer is determined by his state of knowledge at the time of obtaining possession.
- [I] The owner of a piece of land may, if for thirty years the land has been in the proprietary possession of another, be excluded from his rights by means of public summons. The time of possession is reckoned in the same manner as the period for acquisition of a moveable by usucapion. If the owner has been registered in the land register the public summons is permissible only if he is dead or has disappeared and within thirty years no registration in the land register which requires the consent of the owner has been made.
- [II] The person who has obtained the decree for exclusion acquires ownership by causing himself to be registered in the land register as owner.
- [III] If, before the issue of the decree for exclusion a third party has been registered as owner, or an objection to the correctness of the land register has been registered on account of the ownership of a third party, the decree is inoperative as against such third party.
- [I] The ownership of a piece of land may be given up by the owner declaring the abandonment at the land registry office and the abandonment being registered in the land register.
- [II] The right to appropriate the abandoned land belongs to the Treasury of the State in whose territory the land is situate. The Treasury acquires ownership by causing itself to be registered in the land register as owner.
