1896de Book3 Chapter04
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 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.
