1896de Book3 Chapter06

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 VI. Real Right of Pre-emption.

Section 1094.

• [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 pre-emption as against the owner.
• [II] The right of pre-emption may also be created in favour of the owner for the time being of another piece of land.

Section 1095.

• An undivided share in a piece of land can be charged with a right of pre-emption only if it consists of the share of a co-owner.

Section 1096.

• The right of pre-emption may be extended to the accessories which are sold with the land. In case of doubt it is to be presumed that the right of pre-emption is to extend to such accessories.

Section 1097.

• The right of pre-emption is limited to the case of a sale by the owner to whom the land belongs at the time when such right is granted, or by his heirs. It may, however, be created for several or all cases of sale.

Section 1098.

• [I] The legal relation between the person entitled and the person bound is determined according to the provisions of 504 to 514. The right of pre-emption can be exercised even in the case of a discretionary sale of the land by a trustee in bankruptcy.
• [II] As against third parties the right of pre-emption has the effect of a caution for the securing of the claim for the transfer of ownership arising from the exercise of the right.

Section 1099.

• [I] If the land comes into the ownership of a third party, he may communicate to the person entifled to the right the terms of the contract of sale, in the same manner as the person bound by the right and with the same consequences as those specified in 510, par. 2.
• [II] The person bound shall inform the new owner as soon as the right of pre-emption is exercised or barred.

Section 1100.

• If the new owner is the purchaser or a successor in title of the purchaser, he may refuse his consent to the registration as owner of the person entitled, and to the delivery of the land until the purchase price agreed upon between the person bound and the purchaser, in case it has been paid, be repaid to him. If the person entitled obtains registration as owner, the former owner may, upon delivery of the land, demand from him the repayment of the purchase price already paid.

Section 1101.

• Where the person entitled has to repay to the purchaser or his successor in title the purchase price as provided for in 1100, he is discharged from the obligation to pay the purchase price due on pre-emption.

Section 1102.

• If, in consequence of the exercise of the right of pre-emption, the purchaser or his successor in title loses his ownership, the purchaser is, where the purchase price owed by him is not yet paid, discharged from his obligation; he may not demand back the purchase price paid.

Section 1103.

• [I] A right of pre-emption existing in favour of the owner for the time being of a piece of land may not be separated from the ownership of such land.
• [II] A right of pre-emption existing in favour of a particular person may not be annexed to the ownership of a piece of land.

Section 1104.

• [I] Where the person entitled is unknown, he may be excluded from his right by means of public summons if the conditions exist which are specified in 1170 for the exclusion of a hypotheca creditor. Upon the issue of the decree for exclusion the right of pre-emption is extinguished.
• [II] These provisions do not apply to a right of pre-emption which exists in favour of the owner for the time being of a piece of land.