1896de Book3 Chapter05 Title03

From Thai Codification Codes of 1925
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  • 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 V. Servitudes.

Title III. Limited Personal Servitudes.

  • [I] A piece of land may be charged with a right in such manner that the person in whose favour the right exists is entitled to use the land in certain ways, or that some other authority belongs to him which can constitute the substance of a real servitude (i.e., a limited personal servitude).
  • [II] The provisions of 1020 to 1024, 1026 to 1029, 1061 apply mutatis mutandis.
  • The extent of a limited personal servitude is determined, in case of doubt, by the personal necessities of the person entitled to such servitude.
  • A limited personal servitude is not transferable. The exercise of the servitude can be transferred to another person only if the transfer is authorised.
  • [I] The right to use a building or a part of a building as a dwelling to the exclusion of the owner may also be granted as a limited personal servitude. The provisions of 1031, 1034, 1036, 1037, par. 1, 1041, 1042, 1044, 1049, 1050, 1057, 1062, applicable to usufruct, apply mutatis mutandis to such right.
  • [II] The person so entitled is authorised to take into the dwelling his family and the persons required for service and attendance suitable to his station in life.
  • [III] If the right is limited to a part of the building the person entitled to such right may make use of all structures and fittings intended for the common use of the inmates.