1896de Book3 Chapter03 Title03 Part03
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 III. Acguisition and Loss of Ownership of Moveables.
Part III. Incorporation. Confusion. Specification.
- If a moveable be attached to a piece of land in such mannerthat it becomes an essential component part thereof, the ownership of the land extends to such moveable.
- [I] If moveables become attached to each other in such manner that they become essential component parts of a single thing, the former owners become co-owners of such thing; their shares are determined in proportion to the value which such moveables had at the time of incorporation.
- [II] If one of the things is to be regarded as the principal thing, the owner of the principal thing acquires sole ownership.
- [I] If moveables become inseparably mixed or confused with each other, the provisions of 947 apply mutatis mutandis.
- [II] It is equivalent to inseparableness, if the mixed or confused things could be separated only through disproportionate outlay.
- If the ownership of a thing is extinguished under 946 to 948, all other rights over the thing are also extinguished. If the owner of the thing which is subject to the rights acquires co-ownership, these rights continue to exist over the share which takes the place of the thing. If the owner of the thing which is subject to the rights becomes sole owner, these rights extend to the thing annexed.
- [I] A person, who by manufacture or transformation of one or several materials produces a new moveable, acquires ownership of the new thing, unless the value of the manufacture or transformation is materially less than the value of the material. Writing, drawing, painting, engraving, or any other similar manipulation of the surface of a thing are equivalent to manufacture.
- [II] Upon the acquisition of the ownership of the new thing all rights over the material are extinguished.
- [I] A person who is deprived of any right under the provisions of 946 to 950 may demand the person in whose favour the alteration of right takes place, to make compensation in money under the provisions relating to the return of unjustified benefits. Restoration to the former condition may not be demanded.
- [II] The provisions relating to the obligation to make compensation for unlawful acts, and the provisions relating to reimbursement of outlay incurred and to the right of removing an attachment remain unaffected. In the cases provided for by 946, 947, the right to remove an attachment under the provisions applicable to a possessor's right of removal against an owner is exercisable, even though the incorporation has not been effected by the possessor of the principal thing.
- [I] The ownership of a certificate of indebtedness issued for a claim belongs to the creditor. The right of any third party in the claim extends to such certificate.
- [II] The same rule applies to documents relating to other rights whereby an act of performance may be demanded, e.g., certificates of hypotheca, land charge, and annuity charge.
