1896de Book3 Chapter03 Title03 Part01

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 Archive.org]
• Original Version in German.

Book III. Low of Things.

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Chapter III. Ownership.

Title III. Acguisition and Loss of Ownership of Moveables.

Section 929.

• For the transfer of ownership of a moveable it is necessary that the owner deliver the thing to the acquirer and make a real agreement with him that the ownership shall pass. If the acquirer is in possession of the thing the real agreement as to the passing of ownership is sufficient.

Section 930.

• Where the owner is in possession of the thing, a real agreement between him and the acquirer relating to a legal relation whereby the acquirer acquires indirect possession takes the place of delivery.

Section 931.

• Where a third party is in possession of the thing, assignment by the owner to the acquirer of the claim for the return of the thing takes the place of delivery.

Section 932.

• [I] By an alienation made under 929 the acquirer becomes owner even though the thing does not belong to the alienor, unless he is in bad faith at the time at which according to these provisions he would acquire ownership. In the case provided for by 929, sentence 2, this applies, however, only where the acquirer had obtained possession from the alienor.
• [II] The acquirer is in bad faith if it is known to him, or unknown in consequence of gross negligence, that the thing does not belong to the alienor.

Section 933.

• Where a thing alienated under 930 does not belong to the alienor, the acquirer becomes owner if the thing be delivered to him by the alienor, unless he is in bad faith at the time of delivery.

Section 934.

• Where a thing alienated under 931 does not belong to the alienor, the acquirer becomes owner, if the alienor is: indirect possessor of the thing, at the time of the assignment of the claim to possession, or at the time at which the aoquirer acquires possession from a third party in all other cases, unless the acquirer is in bad faith at the time of the assignment or of the acquisition of possession.

Section 935.

• [I] Ownership may not be acquired under 932 to 934 if the thing has been stolen from the. owner, or has been lost, or has otherwise become missing. Where the owner was only indirect possessor, the same rule applies if the thing has been missed by the possessor.
• [II] These provisions do not apply to money or instruments to bearer, nor to things which are alienated by means of public auction.

Section 936.

• [I] If an alienated thing is subject to the right of a third party, the right is extinguished upon the acquisition of ownership. This applies, however, in the case provided for by 929, sentence 2, only if the acquirer had obtained possession from the alienor. If the alienation is made under 930, or if the thing alienated under 931 was not in the indirect possession of the alienor, the right of the third party is not extinguished until the acquirer obtains possession of the thing by virtue of the alienation.
• [II] The right of the third party is not extinguished, if at the time which is material according to par. 1 the acquirer is in bad faith in respect of the right.
• [III] If in the case provided for by 931 the right belongs to the third possessor, it is not extinguished even in respect of an acquirer in good faith.