German Civil Code (BGB) German law

Subtitle 2
Principles applying to consumer contracts; particular types of sale*)
Chapter 1
Scope of application and principles applying to consumer contracts

Section 312 Scope of application
Section 312a General obligations and principles applying to consumer contracts; limits to the agreement of remuneration

Chapter 2
Off-premises contracts and distance contracts

Section 312b Off-premises contracts
Section 312c Distance contracts
Section 312d Information requirements
Section 312e Violation of information obligations as to costs
Section 312f Copies and confirmations
Section 312g Right of withdrawal
Section 312h Termination and power of attorney to terminate
Section 312i General obligations in electronic commerce
Section 312j Special obligations vis-à-vis consumers in electronic commerce

Chapter 4
Deviating agreements and burden of proof

Section 312k Deviating agreements and burden of proof

Subtitle 3
Adaptation and ending of contracts

Section 313 Interference with the basis of the transaction
Section 314 Termination, for a compelling reason, of contracts for the performance of a continuing obligation

Subtitle 4
Unilateral rights to specify performance

Section 315 Specification of performance by one party
Section 316 Specification of consideration
Section 317 Specification of performance by a third party
Section 318 Avoidance of specification
Section 319 Ineffectiveness of the specification; substitution

Title 2
Reciprocal contracts

Section 320 Defence of unperformed contract
Section 321 Defence of uncertainty
Section 322 Order to perform reciprocally and simultaneously
Section 323 Revocation for nonperformance or for performance not in conformity with the contract
Section 324 Revocation for breach of a duty under section 241 (2)
Section 325 Damages and revocation
Section 326 Release from consideration and revocation where the duty of performance is excluded
Section 327 (repealed)

Title 3
Promise of performance to a third party

Section 328 Contract for the benefit of third parties
Section 329 Interpretation rule where there is an assumption of the duty to perform
Section 330 Interpretation rule in the case of life annuity contracts
Section 331 Performance after death
Section 332 Modification by disposition mortis causa in case of reservation
Section 333 Rejection of the right by the third party
Section 334 Objections of the obligor in relation to the third party
Section 335 Right of the promisee to make demands

Title 4
Earnest, contractual penalty

Section 336 Interpretation of earnest
Section 337 Crediting or return of the earnest
Section 338 Earnest in case of impossibility of performance for which giver of earnest is responsible
Section 339 Payability of contractual penalty
Section 340 Promise to pay a penalty for nonperformance
Section 341 Promise of a penalty for improper performance
Section 342 Alternatives to monetary penalty
Section 343 Reduction of the penalty
Section 344 Ineffective promise of a penalty
Section 345 Burden of proof

Title 5
Revocation; right of withdrawal in consumer contracts
Subtitle 1
Revocation

Section 346 Effects of revocation
Section 347 Emoluments and outlays after revocation
Section 348 Reciprocal and simultaneous performance
Section 349 Declaration of revocation
Section 350 Extinction of the right of revocation after a period of time has been specified
Section 351 Indivisibility of the right of revocation
Section 352 Set-off after nonperformance
Section 353 Revocation in return for forfeit money
Section 354 Forfeiture of rights

Subtitle 2
Right of withdrawal in consumer contracts

Section 355 Right of withdrawal in consumer contracts
Section 356 Right of withdrawal in off-premises contracts and distance contracts
Section 356a Right of withdrawal in case of timeshare, long-term holiday product, brokerage contracts, and exchange system contracts
Section 356b Right of withdrawal in consumer credit agreements
Section 356c Right of withdrawal in contracts for delivery by instalments
Section 357 Legal consequences of withdrawal from off-premises contracts and distance contracts, to the exception of contracts relating to financial services
Section 357a Legal consequences of the withdrawal of contracts relating to financial services
Section 357b Legal consequences of the withdrawal of timeshare, long-term holiday product, brokerage contracts, and exchange system contracts
Section 357c Legal consequences of revoking contracts for delivery by instalments that are neither distance contracts nor off-premises contracts
Section 358 Contracts linked to the contract from which the consumer has withdrawn
Section 359 Objections in the case of linked contracts
Section 360 Related contracts
Section 361 Further claims, deviating agreements and burden of proof

Division 4
Extinction of obligations
Title 1
Performance

Section 362 Extinction by performance
Section 363 Burden of proof in the case of acceptance as performance of contract
Section 364 Acceptance in lieu of performance of contract
Section 365 Warranty in the case of performance in lieu of performance of contract
Section 366 Crediting of performance to more than one claim
Section 367 Crediting to interest and costs
Section 368 Receipt
Section 369 Costs of the receipt
Section 370 Performance to the bringer of the receipt
Section 371 Return of the certificate of indebtedness
Section 372 Requirements
Section 373 Reciprocal and simultaneous performance
Section 374 Place of deposit; duty to notify
Section 375 Retroactive effect with dispatch by mail
Section 376 Right to take back
Section 377 Unpledgeability of the right to take back
Section 378 Effect of deposit where taking back is excluded
Section 379 Effect of deposit where taking back is not excluded
Section 380 Proof of entitlement to receive
Section 381 Costs of deposit
Section 382 Extinction of the right of the obligee
Section 383 Auction of things not capable of deposit
Section 384 Warning of auction
Section 385 Sale by private agreement
Section 386 Costs of the auction

Title 3
Set-off

Section 387 Requirements
Section 388 Declaration of set-off
Section 389 Effect of set-off
Section 390 No set-off against a claim subject to a defence
Section 391 Set-off with different places of performance
Section 392 Set-off against a seized claim
Section 393 No set-off against a claim in tort
Section 394 No set-off against an unpledgeable claim
Section 395 Set-off against claims of public-law corporations
Section 396 More than one claim

Title 4
Forgiveness

Section 397 Contract of forgiveness, acknowledgement of non-indebtedness

Division 5
Transfer of a claim

Section 398 Assignment
Section 399 Exclusion of assignment in case of change of contents or by agreement
Section 400 Exclusion in case of unpledgeable claims
Section 401 Passing of accessory rights and preferential rights
Section 402 Duty of information; provision of documents
Section 403 Duty of notarial recording
Section 404 Objections of the obligor
Section 405 Assignment with presentation of documents
Section 406 Set-off in relation to the new obligee
Section 407 Legal acts in relation to the previous obligee
Section 408 Multiple assignment
Section 409 Notice of assignment
Section 410 Delivery of the assignment document
Section 411 Assignment of salary
Section 412 Statutory passing of claims
Section 413 Transfer of other rights

Division 6
Assumption of debt

Section 414 Contract between obligee and transferee
Section 415 Contract between obligor and transferee
Section 416 Assumption of a mortgage debt
Section 417 Objections of the transferee
Section 418 Extinction of security rights and preferential rights
Section 419 (repealed)

Division 7
More than one obligor and obligee

Section 420 Divisible performance
Section 421 Joint and several debtors
Section 422 Effect of performance
Section 423 Effect of forgiveness
Section 424 Effect of default by the obligee
Section 425 Effect of other facts
Section 426 Duty to adjust advancements, passing of claim
Section 427 Joint contractual duty
Section 428 Joint and several creditors
Section 429 Effect of changes
Section 430 Duty of the joint and several creditors to adjust advancements
Section 431 More than one obligor of indivisible performance
Section 432 More than one obligee of indivisible performance

Division 8
Particular types of obligations
Title 1
Purchase, exchange
Subtitle 1
General provisions

Section 433 Typical contractual duties in a purchase agreement
Section 434 Material defects
Section 435 Legal defects
Section 436 Public charges on plots of land
Section 437 Rights of buyer in the case of defects
Section 438 Limitation of claims for defects
Section 439 Cure
Section 440 Special provisions on revocation and damages
Section 441 Reduction of price
Section 442 Knowledge of the buyer
Section 443 Guarantee
Section 444 Exclusion of liability
Section 445 Limitation of liability in the case of public auctions
Section 446 Passing of risk and of charges
Section 447 Passing of risk in the case of sales shipment
Section 448 Costs of delivery and comparable costs
Section 449 Retention of title
Section 450 Excluded buyers in the case of certain sales
Section 451 Purchase by excluded buyer
Section 452 Purchase of a ship
Section 453 Purchase of rights

Subtitle 2
Special types of purchase
Chapter 1
Purchase on approval

Section 454 Coming into existence of the purchase agreement
Section 455 Approval period

Chapter 2
Repurchase

Section 456 Coming into existence of the repurchase agreement
Section 457 Liability of the reseller
Section 458 Removal of third-party rights
Section 459 Reimbursement of outlays
Section 460 Repurchase at estimated value
Section 461 More than one person entitled to repurchase
Section 462 Cut-off period

Chapter 3
Preemption

Section 463 Requirements for exercise
Section 464 Exercise of the right of preemption
Section 465 Ineffective agreements
Section 466 Collateral performance
Section 467 Total price
Section 468 Deferral of the purchase price
Section 469 Duty to notify, exercise period
Section 470 Sale to heir on intestacy
Section 471 Sale in case of execution of judgment or insolvency
Section 472 More than one person with a right of preemption
Section 473 Non-transferability

Subtitle 3
Purchase of consumer goods

Section 474 The concept of sale of consumer goods; applicable provisions
Section 475 Deviating agreements
Section 476 Shifting the burden of proof
Section 477 Special provisions for guarantees
Section 478 Recourse of the entrepreneur
Section 479 Limitation of recourse claims

Subtitle 4
Exchange
Section 480Exchange
Title 2

Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts
Section 481 Time-share agreements
Section 481a Contract relating to a long-term holiday product
Section 481b Brokerage contract, exchange system contract
Section 482 Preliminary contract information, advertising and prohibition of sale as an investment
Section 482a Notification regarding revocation
Section 483 Language of the contract and of the preliminary contract information
Section 484 Form and content of the contract
Section 485 Right of withdrawal
Section 486 Prohibition of down payment
Section 486a Special provisions for contracts relating to long-term holiday products
Section 487 Deviating agreements

Title 3
Loan contract; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer
Subtitle 1
Loan contract
Chapter 1
General provisions

Section 488 Typical contractual duties in a loan contract
Section 489 Right of the borrower to give notice of termination
Section 490 Right to terminate for cause

Chapter 2
Special provisions for consumer credit agreements

Section 491 Consumer credit agreement
Section 491a Preliminary contract information obligations with consumer credit agreements
Section 492 Written form, contents of the contract
Section 493 Information during the contractual relationship
Section 494 Legal consequences of defects of form
Section 495 Right of withdrawal
Section 496 Waiver of objections, prohibition of bills of exchange and cheques
Section 497 Default of the borrower
Section 498 Calling in entire loan in the case of loans repayable in instalments
Section 499 Right of the lender to terminate; right to refuse performance
Section 500 Termination right of the borrower; early repayment
Section 501 Cost reduction
Section 502 Compensation for early repayment of a loan
Section 503 Real estate loan contracts
Section 504 Granted overdraft
Section 505 Tolerated overdraft

Subtitle 2
Financing assistance between an entrepreneur and a consumer

Section 506 Postponement of payment, other financing assistance
Section 507 Instalment payment transactions
Section 508 Revocation with regard to instalment payment transactions
Section 509 Verification of credit worthiness

Subtitle 3
Instalment supply contracts between an entrepreneur and a consumer

Section 510 Contracts for delivery by instalments

Subtitle 4
Mandatory nature, application to founders of new businesses

Section 511 Deviating agreements
Section 512 Application to founders of new businesses
Sections 513 to 515 (repealed)

Title 4
Donation

Section 516 Concept of donation
Section 517 Failure to acquire assets
Section 518 Form of promise of donation
Section 519 Defence of paying for necessaries
Section 520 Expiry of the promise of an annuity
Section 521 Liability of the donor
Section 522 No default interest
Section 523 Liability for legal defects
Section 524 Liability for material defects
Section 525 Donation subject to conditions
Section 526 Refusal to fulfil the condition
Section 527 Non-fulfilment of the condition
Section 528 Claim for return due to impoverishment of the donor
Section 529 Exclusion of claim for return
Section 530 Revocation of donation
Section 531 Declaration of revocation
Section 532 Exclusion of revocation
Section 533 Waiver of the right of revocation
Section 534 Donations for duty and decency

Title 5
Lease, usufructuary lease
Subtitle 1
General provisions for leases

Section 535 Contents and primary duties of the lease agreement
Section 536 Rent reduction for material and legal defects
Section 536a Claim of lessee for damages and reimbursement of expenses due to a defect
Section 536b Lessee knows of the defect upon entering into the agreement or upon acceptance
Section 536c Defects occurring during the lease period; notice of defect by the lessee
Section 536d Contractual exclusion of rights of lessee with regard to defects
Section 537 Payment of rent when the lessee is unable to be present in person
Section 538 Wear and tear on the leased property from use in conformity with the contract
Section 539 Reimbursement of other expenses and right of removal of the lessee
Section 540 Permitting use by third parties
Section 541 Application for injunction for use in breach of contract
Section 542 End of the lease
Section 543 Termination for cause without notice for a compelling reason
Section 544 Lease for more than thirty years
Section 545 Tacit extension of the lease
Section 546 Duty of lessee to return
Section 546a Compensation of the lessor in the case of late return
Section 547 Reimbursement of rent paid in advance
Section 548 Limitation of compensation claims and right of removal

Subtitle 2
Leases for residential space
Chapter 1
General provisions

Section 549 Provisions applicable to leases of residential space
Section 550 Form of the lease agreement
Section 551 Restriction and investment of rent security deposits
Section 552 Warding off the right of removal of the lessee
Section 553 Permitting use by third parties
Section 554 (repealed)
Section 554a Accessibility
Section 555 Ineffectiveness of contractual penalty

Chapter 1a
Structural maintenance and modernisation measures

Section 555a Structural maintenance measures
Section 555b Modernisation measures
Section 555c Announcement of modernisation measures
Section 555d Toleration of modernisation measures, time limit
Section 555e Special termination right of the lessee in case of modernisation measures
Section 555f Agreements on structural maintenance or modernisation measures

Chapter 2
Rent
Subchapter 1
Agreements on rent

Section 556 Agreements on operating costs
Section 556a Accounting criterion for operating costs
Section 556b Due date of rent, right to set-off and right of retention
Section 556c Costs of heat supply as operational costs, empowerment to issue an ordinance

Subchapter 2
Provisions on the rent amount

Section 557 Increases in rent by agreement or law
Section 557a Stepped rent
Section 557b Indexed rent
Section 558 Increase in rent up to the reference rent customary in the locality
Section 558a Form and justification of the rent increase
Section 558b Approval of a rent increase
Section 558c List of representative rents
Section 558d Expert list of representative rents
Section 558e Rent database
Section 559 Rent increase after modernisation measures
Section 559a Crediting of third-party funds
Section 559b Assertion of an increase; effect of declaration of increase
Section 560 Changes in operating costs
Section 561 Special right of termination of the lessee following a rent increase

Chapter 3
Security right of the lessor

Section 562 Extent of the security right of the lessor
Section 562a Extinction of the security right of the lessor
Section 562b Self-help; claim for return
Section 562c Warding off the security right by provision of security
Section 562d Attachment by a third party

Chapter 4
Change of parties to the contract

Section 563 Right of succession upon death of the lessee
Section 563a Continuation with surviving lessees
Section 563b Liability in the case of succession or continuation
Section 564 Continuation of the lease with the heir; termination for cause
Section 565 Commercial subletting
Section 566 Purchase is subject to existing leases
Section 566a Rent security deposit
Section 566b Advance disposition of the rent
Section 566c Agreement between lessee and lessor on the rent
Section 566d Set-off by the lessee
Section 566e Notification by the lessor of passing of ownership
Section 567 Encumbrance of the residential space by the lessor
Section 567a Disposal or encumbrance prior to permission of use of residential space
Section 567b Further disposal or encumbrance by the acquirer

Chapter 5
Termination of the lease
Subchapter 1
General provisions

Section 568 Form and contents of the notice of termination
Section 569 Termination for cause without notice for a compelling reason
Section 570 Exclusion of the right of retention
Section 571 Further damages for late return of residential space
Section 572 Agreement on right of revocation; lease subject to condition subsequent

Subchapter 2
Leases for an indefinite period of time

Section 573 Notice of termination by the lessor
Section 573a Simplified termination by the lessor
Section 573b Partial termination by the lessor
Section 573c Termination notice periods
Section 573d Termination for cause with the statutory notice period
Section 574 Objection of lessee to termination
Section 574a Continuation of lease after objection
Section 574b Form and period of objection
Section 574c Further continuation of lease in the case of unforeseen circumstances

Subchapter 3
Leases for a definite period of time

Section 575 Fixed-term lease
Section 575a Termination for cause with the statutory notice period

Subchapter 4
Tied dwellings

Section 576 Periods for notice of termination in the case of tied leased dwellings
Section 576a Special features of the right of objection in the case of tied leased dwellings
Section 576b Application of landlord and tenant law with the necessary modifications in connection with tied dwellings

Chapter 6
Special features when creating apartment ownership of leased residences

Section 577 Right of preemption of the lessee
Section 577a Restriction on notice of termination in connection with conversion of the dwelling

Subtitle 3
Leases of other things

Section 578 Leases of plots of land and premises
Section 578a Lease of registered ships
Section 579 Due date of the rent
Section 580 Notice of termination for cause in the case of the death of the lessee
Section 580a Notice periods

Subtitle 4
Usufructuary lease

Section 581 Typical contractual duties in a usufructuary lease
Section 582 Maintenance of inventory
Section 582a Taking over inventory at its estimated value
Section 583 Security right of usufructuary lessee over inventory
Section 583a Restrictions on disposition of inventory
Section 584 Notice period
Section 584a Exclusion of certain rights of termination under landlord and tenant law
Section 584b Late return

Subtitle 5
Farm lease

Section 585 Concept of farm lease
Section 585a Form of a farm lease
Section 585b Description of the leased property
Section 586 Typical contractual duties in a farm lease
Section 586a Encumbrances on the leased property
Section 587 Due date of rent; payment of rent where the usufructuary lessee is personally prevented
Section 588 Measures of maintenance or improvement
Section 589 Surrender of use to third parties
Section 590 Change of agricultural purpose or of previous use
Section 590a Use in breach of contract
Section 590b Necessary outlays
Section 591 Outlays that increase value
Section 591a Removal of installations
Section 591b Limitation of compensation claims
Section 592 Security right of the usufructuary lessor
Section 593 Amendment of farm leases
Section 593a Transfer of a business
Section 593b Disposal or encumbrance of the leased property
Section 594 Termination and extension of the lease
Section 594a Notice periods
Section 594b Lease for more than thirty years
Section 594c Termination in the case of occupational disability of the usufructuary lessee
Section 594d Death of the usufructuary lessee
Section 594e Termination for cause without notice for a compelling reason
Section 594f Written form of termination
Section 595 Continuation of the lease
Section 595a Early notice of termination of farm leases
Section 596 Return of the leased property
Section 596a Duty to compensate for early termination of lease
Section 596b Duty to leave behind
Section 597 Late return

Title 6
Gratuitous loan

Section 598 Typical contractual duties in the case of a gratuitous loan
Section 599 Liability of the lender
Section 600 Liability for defects
Section 601 Reimbursement of outlays
Section 602 Wear and tear on the thing
Section 603 Use in conformity with the contract
Section 604 Duty to return
Section 605 Right of termination
Section 606 Short limitation period

Title 7
Contract for the loan of a thing

Section 607 Typical contractual duties in a contract for the loan of a thing
Section 608 Termination
Section 609 Payment
Section 610 (repealed)

Title 8
Service contract and similar contracts
Subtitle 1
Service contract

Section 611 Typical contractual duties in a service contract
Sections 611a and 611b (repealed)
Section 612 Remuneration
Section 612a Prohibition of victimisation
Section 613 Non-transferability
Section 613a Rights and duties in the case of transfer of business
Section 614 Due date of remuneration
Section 615 Remuneration in the case of default in acceptance and business risk
Section 616 Temporary prevention from performing services
Section 617 Duty of medical care
Section 618 Duty to undertake protective measures
Section 619 Absolute nature of welfare duties
Section 619a Burden of proof when the employee is liable
Section 620 Termination of services relationship
Section 621 Notice periods for service relationships
Section 622 Notice periods in the case of employment relationships
Section 623 Written form of termination
Section 624 Notice period in the case of contracts lasting more than five years
Section 625 Tacit extension
Section 626 Termination without notice for a compelling reason
Section 627 Termination without notice in the case of a position of trust
Section 628 Partial remuneration and damages in case of termination without notice
Section 629 Time off for search for employment
Section 630 Duty to provide a reference

Subtitle 2
Treatment contract

Section 630a Duties typical of the contract in the treatment contract
Section 630b Applicable provisions
Section 630c Cooperation between the contracting parties; obligations to provide information
Section 630d Consent
Section 630e Obligations to provide information
Section 630f Documentation of the treatment
Section 630g Inspection of the medical records
Section 630h The burden of proof in case of liability for malpractice and errors in providing information

Title 9
Contract to produce a work and similar contracts
Subtitle 1
Contract to produce a work

Section 631 Typical contractual duties in a contract to produce a work
Section 632 Remuneration
Section 632a Part payments
Section 633 Material defects and legal defects
Section 634 Rights of the customer in the case of defects
Section 634a Limitation of claims for defects
Section 635 Cure
Section 636 Special provisions on revocation and damages
Section 637 Self-help
Section 638 Reduction of price
Section 639 Exclusion of liability
Section 640 Acceptance
Section 641 Due date of remuneration
Section 641a (repealed)
Section 642 Collaboration by the customer
Section 643 Termination for failure to collaborate
Section 644 Allocation of risk
Section 645 Responsibility of the customer
Section 646 Completion in lieu of acceptance
Section 647 Security right of the contractor
Section 648 Mortgage of a building contractor
Section 648a Builder’s security
Section 649 Right of termination of the customer
Section 650 Cost estimate
Section 651 Application of sale of goods law

Subtitle 2
Package travel contract*)

Section 651a Typical contractual duties in a package travel contract
Section 651b Transfer of contract
Section 651c Relief
Section 651d Reduction of price
Section 651e Termination for defect
Section 651f Damages
Section 651g Cut-off period; limitation
Section 651h Admissible limitation of liability
Section 651i Revocation prior to commencement of travel
Section 651j Termination due to force majeure
Section 651k Guarantee; payment
Section 651l Exchange student stays
Section 651m Deviating agreements

Title 10
Brokerage contract
Subtitle 1
General provisions

Section 652 Accrual of fee claim
Section 653 Brokerage fee
Section 654 Forfeiture of the fee claim
Section 655 Reduction of the brokerage fee

Subtitle 2
Intermediation of consumer credit agreements

Section 655a Credit intermediation contract
Section 655b Written form in the case of a contract with a consumer
Section 655c Remuneration
Section 655d Ancillary payment
Section 655e Deviating agreements, application to founders of new businesses

Subtitle 3
Marriage broking

Section 656 Marriage broking

Title 11
Promise of a reward

Section 657 Binding promise
Section 658 Revocation
Section 659 Act undertaken more than once
Section 660 Collaboration by more than one person
Section 661 Prize competition
Section 661a Promises of prizes

Title 12
Mandate, contract for the management of the affairs of another and payment services
Subtitle 1
Mandate

Section 662 Typical contractual duties in a mandate
Section 663 Duty to notify when rejecting
Section 664 Non-transferability; liability for assistants
Section 665 Deviation from instructions
Section 666 Duty of information and duty to render account
Section 667 Duty to return
Section 668 Interest on money spent
Section 669 Duty of advance payment
Section 670 Reimbursement of expenses
Section 671 Revocation; termination
Section 672 Death or incapacity to contract of the mandator
Section 673 Death of the mandatary
Section 674 Legal fiction of continuation
Section 675 Nongratuitous management of the affairs of another
Section 675a Duties to provide information
Section 675b Orders to transfer securities in systems

Subtitle 3
Payment services
Chapter 1
General provisions

Section 675c Payment services and electronic money
Section 675d Information on payment services
Section 675e Derogating agreements

Chapter 2
Payment services contract

Section 675f Payment services contract
Section 675g Amendment of the framework contract on payment services
Section 675h Ordinary termination of a framework contract on payment services
Section 675i Exceptions for low-value payment instruments and electronic money

Chapter 3
Provision and use of payment services
Subchapter 1
Authorisation of payment transactions; payment authentication instruments

Section 675j Consent and withdrawal of consent
Section 675k Restriction on use
Section 675l Obligations of the payer with regard to payment authentication instruments
Section 675m Obligations of the payment service provider with regard to payment authentication instruments; risk of dispatch

Subchapter 2
Execution of payment transactions

Section 675n Receipt of payment orders
Section 675o Refusal of payment orders
Section 675p Irrevocability of a payment order
Section 675q Charges for payment transactions
Section 675r Execution of a payment transaction using unique identifiers
Section 675s Execution deadline for payment transactions
Section 675t Value date and availability of funds

Subchapter 3
Liability

Section 675u Liability of the payment service provider for unauthorised payment transactions
Section 675v Liability of the payer in case of abusive use of a payment authentication instrument
Section 675w Proof of authentication
Section 675x Refund claim in case of an authorised payment transaction initiated by or through the payee
Section 675y Liability of the payment service provider in case of non-execution or defective execution of a payment order; obligation to make enquiries
Section 675z Other claims in case of non-execution or erroneous execution of a payment order or an unauthorised payment transaction
Section 676 Proof of execution of payment transactions
Section 676a Equalisation claim
Section 676b Notification of unauthorised or erroneously executed payment transactions
Section 676c Disclaimer

Title 13
Agency without specific authorisation

Section 677 Duties of the voluntary agent
Section 678 Agency contrary to the will of the principal
Section 679 Irrelevance of the contrary will of the principal
Section 680 Agency to ward off danger
Section 681 Ancillary duties of the voluntary agent
Section 682 Lack of capacity to contract on the part of the voluntary agent
Section 683 Reimbursement of expenses
Section 684 Return of enrichment
Section 685 Intention to donate
Section 686 Error as to the identity of the principal
Section 687 False agency without specific authorisation

Title 14
Safekeeping

Section 688 Typical contractual duties in safekeeping
Section 689 Remuneration
Section 690 Liability for gratuitous safekeeping
Section 691 Deposit with third parties
Section 692 Change of safekeeping
Section 693 Reimbursement of expenses
Section 694 Liability in damages of the depositor
Section 695 Right of the depositor to demand return
Section 696 Claim of depositary for repossession of the thing deposited
Section 697 Place for return
Section 698 Interest on money spent
Section 699 Due date of remuneration
Section 700 Irregular safekeeping contract

Title 15
Bringing things onto the premises of innkeepers

Section 701 Liability of the innkeeper
Section 702 Limitation of liability; valuables
Section 702a Release from liability
Section 703 Extinction of the claim for damages
Section 704 Security right of the innkeeper

Title 16
Partnership

Section 705 Contents of partnership agreement
Section 706 Contributions of the partners
Section 707 Increase of the agreed contribution
Section 708 Liability of the partners
Section 709 Joint management
Section 710 Transfer of management
Section 711 Right to object
Section 712 Revocation and dismissal of management
Section 713 Rights and duties of managing partners
Section 714 Power of agency
Section 715 Revocation of the power of agency
Section 716 Right of control of the partners
Section 717 Non-transferability of partner rights
Section 718 Partnership assets
Section 719 Joint property
Section 720 Protection of good faith debtor
Section 721 Distribution of profits and losses
Section 722 Shares in profit and loss
Section 723 Termination by partner
Section 724 Notice of termination in the case of a partnership for life or a continuing partnership
Section 725 Termination by attachment creditors
Section 726 Dissolution due to achievement or impossibility of its object
Section 727 Dissolution due to the death of a partner
Section 728 Dissolution due to insolvency of the partnership or one of its partners
Section 729 Continuation of authority to manage
Section 730 Winding-up of the partnership; management
Section 731 Procedure for winding-up of the partnership
Section 732 Return of objects
Section 733 Discharge of partnership debts; reimbursement of capital contributions
Section 734 Distribution of the surplus
Section 735 Duty to make subsequent contributions in case of loss
Section 736 Retirement of a partner; continuing liability
Section 737 Exclusion of a partner
Section 738 Winding-up of the partnership on retirement
Section 739 Liability for deficit
Section 740 Sharing in the financial results of transactions in progress

Title 17
Co-ownership

Section 741 Co-ownership by defined shares
Section 742 Equal shares
Section 743 Share in the fruits; authority to use
Section 744 Joint administration
Section 745 Administration and use by resolution
Section 746 Effect in relation to successors in interest
Section 747 Disposal of a share and joint objects
Section 748 Bearing of charges and costs
Section 749 Cancellation claim
Section 750 Exclusion of cancellation in case of death
Section 751 Exclusion of cancellation and successors in interest
Section 752 Division in kind
Section 753 Division by sale
Section 754 Sale of joint claims
Section 755 Discharge of a joint debt
Section 756 Discharge of the debt of a part owner
Section 757 Warranty upon allocation to a part owner
Section 758 Right of cancellation not subject to the statute of limitations

Title 18
Life annuity

Section 759 Duration and amount of the annuity
Section 760 Advance payment
Section 761 Form of life annuity commitment

Title 19
Imperfect obligations

Section 762 Gaming, betting
Section 763 Lottery contracts and gaming contracts
Section 764 (repealed)

Title 20
Suretyship

Section 765 Typical contractual duties in suretyship
Section 766 Written form of the declaration of suretyship
Section 767 Extent of the suretyship debt
Section 768 Defences of surety
Section 769 Co-suretyship
Section 770 Defences of voidability and set-off
Section 771 Defence of unexhausted remedies
Section 772 Duty of creditor of enforcement and realisation
Section 773 Exclusion of defence of unexhausted remedies
Section 774 Statutory passing of claims
Section 775 Claim to release of the surety
Section 776 Waiver of a security
Section 777 Temporary suretyship
Section 778 Credit mandate

Title 21
Settlement

Section 779 Concept of settlement; mistake as to the basis of the settlement

Title 22
Promise to fulfil an obligation; acknowledgement of debt

Section 780 Promise to fulfil an obligation
Section 781 Acknowledgement of a debt
Section 782 No formal requirements for settlement

Title 23
Order

Section 783 Rights derived from an order
Section 784 Acceptance of the order
Section 785 Delivery of the order
Section 786 (repealed)
Section 787 Order to assume debt
Section 788 Underlying debt relationship
Section 789 Duty of payee to notify
Section 790 Revocation of the order
Section 791 Death or incapacity to contract of a participant
Section 792 Transfer of the order

Title 24
Bearer bond

Section 793 Rights under a bearer bond
Section 794 Liability of the issuer
Section 795 (repealed)
Section 796 Objections of the issuer
Section 797 Duty to pay only in return for delivery
Section 798 Replacement document
Section 799 Declaration of invalidity
Section 800 Effect of the declaration of invalidity
Section 801 Extinction; limitation
Section 802 Stoppage of payment
Section 803 Interest coupons
Section 804 Loss of interest coupons or similar coupons
Section 805 New interest coupons and annuity coupons
Section 806 Reregistration under name
Section 807 Bearer tickets and stamps
Section 808 Registered securities with bearer clause

Title 25
Presentation of things

Section 809 Inspection of a thing
Section 810 Right to inspect documents
Section 811 Place of presentation, risk and costs

Title 26
Unjust enrichment

Section 812 Claim for restitution
Section 813 Performance notwithstanding defence
Section 814 Knowledge that debt is not owed
Section 815 Non-occurrence of result
Section 816 Disposition by an unauthorised person
Section 817 Breach of law or public policy
Section 818 Scope of the claim to enrichment
Section 819 Increased liability in case of knowledge and breaches of law or public policy
Section 820 Increased liability where the result is uncertain
Section 821 Enrichment defence
Section 822 Restitution duty of third parties

Title 27
Torts

Section 823 Liability in damages
Section 824 Endangering credit
Section 825 Inducing others to sexual acts
Section 826 Intentional damage contrary to public policy
Section 827 Exclusion and reduction of responsibility
Section 828 Minors
Section 829 Liability in damages for reasons of equity
Section 830 Joint tortfeasors and persons involved
Section 831 Liability for vicarious agents
Section 832 Liability of a person with a duty of supervision
Section 833 Liability of animal keeper
Section 834 Liability of animal minder
Section 835 (repealed)
Section 836 Liability of the owner of a plot of land
Section 837 Liability of building possessor
Section 838 Liability of the person with a duty of maintenance of a building
Section 839 Liability in case of breach of official duty
Section 839a Liability of court-appointed expert
Section 840 Liability of more than one person
Section 841 Compensation for liability of a public official
Section 842 Extent of liability in damages when a person is injured
Section 843 Annuity in money or lump sum settlement
Section 844 Third-party compensation claims in the case of death
Section 845 Compensation claims for lost services
Section 846 Contributory negligence of the injured person
Section 847 (repealed)
Section 848 Liability for chance in connection with deprivation of a thing
Section 849 Interest on the compensation sum
Section 850 Reimbursement of outlays
Section 851 Compensation payment to unauthorised parties
Section 852 Claim for restitution after end of limitation period
Section 853 Defence of bad faith

Book 3
Law of Property
Division 1
Possession

Division 2
General provisions on rights in land

Section 873 Acquisition by agreement and registration
Section 874 Reference to approval of registration
Section 875 Cancellation of a right
Section 876 Cancellation of an encumbered right
Section 877 Alterations of rights
Section 878 Subsequent restrictions on disposition
Section 879 Order of priority of more than one right
Section 880 Change of priority
Section 881 Reservation of priority
Section 882 Maximum amount of compensation for lost value
Section 883 Requirements and effect of priority notice
Section 884 Effect in relation to heirs
Section 885 Requirement for the registration of the priority notice
Section 886 Claim for removal
Section 887 Public notice of the priority notice claimant
Section 888 Claim to approval of the person entitled to the priority notice
Section 889 Exclusion of merger for real rights
Section 890 Union of plots of land; addition
Section 891 Statutory presumption
Section 892 Presumption of the accuracy of the contents of the Land Register
Section 893 Legal transaction with the person registered
Section 894 Correction of the Land Register
Section 895 Prior registration of the person obliged
Section 896 Submission of certificate
Section 897 Costs of correction
Section 898 Claims to correction not subject to the statute of limitations
Section 899 Registration of an objection
Section 899a Provisos for civil-law partnerships
Section 900 Acquisition by prescription following registration
Section 901 Extinction of unregistered rights
Section 902 Registered rights not subject to the statute of limitations

Division 3
Ownership
Title 1
Subject matter of ownership

Section 903 Powers of the owner
Section 904 Necessity
Section 905 Restriction of ownership
Section 906 Introduction of imponderable substances
Section 907 Facilities threatening danger
Section 908 Imminent collapse of building
Section 909 Excavation
Section 910 Overhang
Section 911 Falling fruit
Section 912 Encroachment; duty to tolerate
Section 913 Payment of periodical payments for encroachment
Section 914 Priority, registration and extinction of periodical payments
Section 915 Purchase
Section 916 Adverse effect on heritable building right or servitude
Section 917 Right of way of necessity
Section 918 Exclusion of the right of way of necessity
Section 919 Boundary marking
Section 920 Confusion of boundaries
Section 921 Joint use of boundary installations
Section 922 Manner of use and maintenance
Section 923 Boundary tree
Section 924 Neighbour-law claims not subject to the statute of limitations

Title 2
Acquisition and loss of ownership of plots of land

Section 925 Declaration of conveyance
Section 925a Document of land transaction
Section 926 Accessories of the plot of land
Section 927 Public notice procedure
Section 928 Relinquishment of ownership, appropriation by fiscal authority

Subtitle 1
Transfer

Section 929 Agreement and delivery
Section 929a Agreement with regard to unregistered ship
Section 930 Constructive delivery
Section 931 Assignment of claim for possession
Section 932 Good faith acquisition from a person not entitled
Section 932a Good faith acquisition of unregistered ships
Section 933 Good faith acquisition on constructive delivery
Section 934 Good faith acquisition on assignment of claim for possession
Section 935 No good faith acquisition of lost property
Section 936 Extinction of third party rights

Subtitle 2
Acquisition by prescription

Section 937 Requirements, exclusion in the case of knowledge
Section 938 Presumption of proprietary possession
Section 939 Suspension of prescription
Section 940 Interruption by loss of possession
Section 941 Interruption by act of execution
Section 942 Effect of interruption
Section 943 Acquisition by prescription and succession in title
Section 944 Possessor of an inheritance
Section 945 Extinction of third party rights

Subtitle 3
Combination, intermixture, processing

Section 946 Combination with a plot of land
Section 947 Combination with movable things
Section 948 Intermixture
Section 949 Extinction of third party rights
Section 950 Processing
Section 951 Compensation for loss of rights
Section 952 Ownership of documents of debt

Subtitle 4
Acquisition of products and other components of a thing

Section 953 Ownership of separated products and components
Section 954 Acquisition by person with real right
Section 955 Acquisition by proprietary possessor in good faith
Section 956 Acquisition by person entitled in personam
Section 957 Permission by the person not entitled

Subtitle 5
Appropriation

Section 958 Acquisition of ownership of ownerless movable things
Section 959 Abandonment of ownership
Section 960 Wild animals
Section 961 Loss of ownership of bee swarms
Section 962 Right of pursuit of the owner
Section 963 Merging of bee swarms
Section 964 Intermixture of bee swarms

Subtitle 6
Finding

Section 965 Duty of the finder to notify
Section 966 Duty of safekeeping
Section 967 Duty to deliver
Section 968 Extent of liability
Section 969 Return to the loser
Section 970 Reimbursement of expenses
Section 971 Finder’s reward
Section 972 Right of retention of the finder
Section 973 Acquisition of ownership by the finder
Section 974 Acquisition of ownership after concealment
Section 975 Rights of the finder after delivery
Section 976 Acquisition of ownership by the municipality
Section 977 Claim in enrichment
Section 978 Finding in public authority or transport agency
Section 979 Sale; authorisation to issue an ordinance
Section 980 Public notice of the finding
Section 981 Receipt of the proceeds of auction
Section 982 Provisions for implementation
Section 983 Undeliverable things in the possession of authorities
Section 984 Treasure trove

Title 4
Claims arising from ownership

Section 985 Claim for restitution
Section 986 Objections of the possessor
Section 987 Emoluments after litigation is pending
Section 988 Emoluments of the possessor who makes no payment
Section 989 Damages after litigation is pending
Section 990 Liability of possessor with knowledge
Section 991 Liability of intermediary possessor in the case of indirect possession
Section 992 Liability of the wrongful possessor
Section 993 Liability of the possessor in good faith
Section 994 Necessary outlays
Section 995 Charges
Section 996 Useful outlays
Section 997 Right of removal
Section 998 Farming costs for agricultural plot of land
Section 999 Reimbursement of outlays of predecessor in title
Section 1000 Right of retention of the possessor
Section 1001 Action for reimbursement of outlays
Section 1002 Extinction of the claim for outlays
Section 1003 Right to satisfaction of the possessor
Section 1004 Claim for removal and injunction
Section 1005 Right of pursuit
Section 1006 Presumption of ownership for possessor
Section 1007 Claims of the former possessor, exclusion in the case of knowledge

Title 5
Co-ownership

Section 1008 Co-ownership by fractional shares
Section 1009 Encumbrance in favour of a co-owner
Section 1010 Successor in interest of a co-owner
Section 1011 Claims arising from co-ownership
Sections 1012 – 1017 (repealed)

Division 4
Servitudes
Title 1
Easements

Section 1018 Statutory definition of easement
Section 1019 Benefit of the dominant plot of land
Section 1020 Considerate use
Section 1021 Agreed duty of maintenance
Section 1022 Installations on building structures
Section 1023 Moving the use
Section 1024 Coincidence of more than one right of use
Section 1025 Division of the dominant plot of land
Section 1026 Division of the servient plot of land
Section 1027 Interference with easement
Section 1028 Limitation
Section 1029 Protection of possession of the lawful possessor

Title 2
Usufruct
Subtitle 1
Usufruct in things

Section 1030 Statutory definition of usufruct in things
Section 1031 Application to accessories
Section 1032 Creation of usufruct in movable things
Section 1033 Acquisition by prescription
Section 1034 Determination of the condition
Section 1035 Usufruct in aggregate of things; itemised list
Section 1036 Right of possession; exercise of usufruct
Section 1037 Transformation
Section 1038 Economic plan for forests and mines
Section 1039 Excessive taking of fruits
Section 1040 Treasure
Section 1041 Maintenance of the thing
Section 1042 Duty of notification by the usufructuary
Section 1043 Repair or renovation
Section 1044 Toleration of repairs
Section 1045 Obligation of the usufructuary to insure
Section 1046 Usufruct in an insurance claim
Section 1047 Bearing of charges
Section 1048 Usufruct in plot of land with stock
Section 1049 Reimbursement of outlays
Section 1050 Wear and tear
Section 1051 Provision of security
Section 1052 Judicial management in the absence of security
Section 1053 Application for a prohibitory injunction in the case of unauthorised use
Section 1054 Judicial administration on the basis of breach of duty
Section 1055 Duty of return of the usufructuary
Section 1056 Leases and usufructuary leases at the end of the usufruct
Section 1057 Limitation of compensation claims
Section 1058 Grantor as owner
Section 1059 Non-transferability; permission of exercise
Section 1059a Transferability in the case of legal person or partnership having legal personality
Section 1059b Non-distrainability
Section 1059c Passing or transfer of usufruct
Section 1059d Leases and usufructuary leases on the transfer of the usufruct
Section 1059e Claim to grant of the usufruct
Section 1060 Coincidence of more than one right of use
Section 1061 Death of the usufructuary
Section 1062 Extension of termination to accessories
Section 1063 Coincidence with ownership
Section 1064 Termination of usufruct in movable things
Section 1065 Adverse effect on right of usufruct
Section 1066 Usufruct in the share of a co-owner
Section 1067 Usufruct in consumable things

Subtitle 2
Usufruct in rights

Section 1068 Statutory definition of usufruct in rights
Section 1069 Creation
Section 1070 Usufruct in a right to performance
Section 1071 Termination or alteration of the encumbered right
Section 1072 Termination of usufruct
Section 1073 Usufruct in a life annuity
Section 1074 Usufruct in a claim; notice and collection
Section 1075 Effect of performance
Section 1076 Usufruct in claim bearing interest
Section 1077 Notice and payment
Section 1078 Cooperation in collection
Section 1079 Investment of the capital
Section 1080 Usufruct in a land charge or annuity land charge
Section 1081 Usufruct in bearer instruments or instruments made out to order
Section 1082 Deposit
Section 1083 Cooperation in collection
Section 1084 Consumable things

Subtitle 3
Usufruct in property

Section 1085 Creation of usufruct in property
Section 1086 Rights of the creditors of the grantor
Section 1087 Relationship between usufructuary and grantor
Section 1088 Liability of the usufructuary
Section 1089 Usufruct in an inheritance

Title 3
Restricted personal easements

Section 1090 Statutory definition of the restricted personal easement
Section 1091 Scope
Section 1092 Non-transferability; permission of exercise
Section 1093 Right of residence

Division 5
Right of preemption

Section 1094 Statutory contents of the real right of preemption
Section 1095 Encumbrance of a fraction
Section 1096 Application to accessories
Section 1097 Creation for one or more cases of sale
Section 1098 Effect of a right of preemption
Section 1099 Notifications
Section 1100 Rights of the purchaser
Section 1101 Release of the person entitled
Section 1102 Release of the purchaser
Section 1103 Real and personal right of preemption
Section 1104 Exclusion of unknown entitled persons

Division 6
Charges on land

Section 1105 Statutory contents of the charge on land
Section 1106 Encumbrance of a fraction
Section 1107 Individual payments
Section 1108 Personal liability of the owner
Section 1109 Division of the dominant plot of land
Section 1110 Real charge on land
Section 1111 Personal charge on land
Section 1112 Exclusion of unknown entitled persons

Division 7
Mortgage, land charge, annuity land charge
Title 1
Mortgage

Title 2
Land charge, annuity land charge
Subtitle 1
Land charge

Section 1191 Statutory contents of the land charge
Section 1192 Applicable provisions
Section 1193 Termination
Section 1194 Place of payment
Section 1195 Bearer land charge
Section 1196 Owner land charge
Section 1197 Deviations from third party land charge
Section 1198 Permitted conversions

Subtitle 2
Annuity land charge

Section 1199 Statutory contents of the annuity land charge
Section 1200 Applicable provisions
Section 1201 Right of redemption
Section 1202 Termination
Section 1203 Permitted conversions

Division 8
Pledge of movable things and over rights
Title 1
Pledge of movable things

Section 1204 Statutory contents of the pledge of movable things
Section 1205 Creation
Section 1206 Replacement of delivery by granting joint possession
Section 1207 Pledging by an unauthorised person
Section 1208 Acquisition of priority of rank in good faith
Section 1209 Priority of the pledge
Section 1210 Extent of liability of the pledge
Section 1211 Defences of the pledgor
Section 1212 Extension to separated products
Section 1213 Pledge of emoluments
Section 1214 Duties of the pledgee entitled to emoluments
Section 1215 Duty of safekeeping
Section 1216 Reimbursement of outlays
Section 1217 Violation of rights by the pledgee
Section 1218 Rights of the pledgor in the case of imminent spoilage
Section 1219 Rights of the pledgee in the case of imminent spoilage
Section 1220 Warning of auction
Section 1221 Sale by private agreement
Section 1222 Pledge of more than one thing
Section 1223 Duty to return the pledged item; right to redeem the pledged item
Section 1224 Satisfaction by deposit or set-off
Section 1225 Passing of claim to the pledgor
Section 1226 Limitation of compensation claims
Section 1227 Protection of the pledge
Section 1228 Satisfaction by sale of the pledged item
Section 1229 Prohibition of a forfeiture agreement
Section 1230 Selection of pledged item from more than one pledged item
Section 1231 Surrender of pledged item for sale
Section 1232 Lower-ranking pledgees
Section 1233 Execution of the sale
Section 1234 Warning of sale; waiting period
Section 1235 Public auction
Section 1236 Place of auction
Section 1237 Public notice
Section 1238 Conditions of sale
Section 1239 Bidding by creditor and owner
Section 1240 Things made of gold or silver
Section 1241 Notification of the owner
Section 1242 Effects of the legal sale
Section 1243 Unlawful sale
Section 1244 Acquisition in good faith
Section 1245 Deviating agreements
Section 1246 Deviation for reasons of equity
Section 1247 Proceeds of the pledged item
Section 1248 Presumption of ownership
Section 1249 Right of redemption
Section 1250 Transfer of claim
Section 1251 Effect of the passing of the pledge
Section 1252 Extinction with the claim
Section 1253 Extinction by return
Section 1254 Claim for return
Section 1255 Cancellation of the pledge
Section 1256 Coincidence of pledge and ownership
Section 1257 Pledge by operation of law
Section 1258 Pledge of the share of a co-owner
Section 1259 Realisation of a commercial pledged item
Sections 1260 – 1272 (repealed)

Title 2
Pledge of rights

Section 1273 Statutory contents of the pledge of rights
Section 1274 Creation
Section 1275 Pledge of right to performance
Section 1276 Cancellation or alteration of the pledged right
Section 1277 Satisfaction by execution
Section 1278 Extinction by return
Section 1279 Pledge of a claim
Section 1280 Notification of the debtor
Section 1281 Performance before the due date
Section 1282 Performance after the due date
Section 1283 Termination
Section 1284 Deviating agreements
Section 1285 Cooperation in collection
Section 1286 Duty of termination in the case of danger
Section 1287 Effect of performance
Section 1288 Investment of collected money
Section 1289 Extension to the interest
Section 1290 Collection in the case of multiple pledges
Section 1291 Pledge of land charge or annuity land charge
Section 1292 Pledging of instruments made out to order
Section 1293 Pledge of bearer instruments
Section 1294 Collection and notice of termination
Section 1295 Private sale of instruments made out to order
Section 1296 Extension to interest coupons

Book 4
Family Law
Division 1
Civil marriage
Title 1
Engagement

Section 1297 Non-actionability, nullity of a promise to pay a penalty
Section 1298 Duty of compensation in the case of revocation
Section 1299 Revocation by reason of fault of the other party
Section 1300 (repealed)
Section 1301 Return of the presents
Section 1302 Limitation

Title 2
Entering into marriage
Subtitle 1
Capacity to marry

Section 1303 Marriageable age
Section 1304 Incapacity to contract
Section 1305 (repealed)

Subtitle 2
Impediments to marriage

Section 1306 Existing marriage or civil partnership
Section 1307 Relationship by blood
Section 1308 Adoption

Subtitle 3
Certificate of no impediment

Section 1309 Certificate of no impediment for foreigners

Subtitle 4
Marriage

Section 1310 Jurisdiction of the registrar of births, deaths and marriages, curing defective marriages
Section 1311 Personal declaration
Section 1312 Marriage ceremony

Title 3
Annulment of marriage

Section 1313 Annulment by judicial decision
Section 1314 Grounds of annulment
Section 1315 Exclusion of annulment
Section 1316 Entitlement to petition
Section 1317 Period for filing petition
Section 1318 Consequences of annulment

Title 4
Remarriage after declaration of death

Section 1319 Annulment of the previous marriage
Section 1320 Annulment of the new marriage
Sections 1321 – 1352 (repealed)

Title 5
Effects of marriage in general

Section 1353 Conjugal community
Section 1354 (repealed)
Section 1355 Family name
Section 1356 Household management, gainful employment
Section 1357 Transactions to provide the necessities of life
Section 1358 (repealed)
Section 1359 Scope of duty of care
Section 1360 Duty of family maintenance
Section 1360a Scope of the obligation to maintain
Section 1360b Overpayment
Section 1361 Maintenance when spouses are living apart
Section 1361a Allocation of household effects when spouses are living apart
Section 1361b Matrimonial home when spouses are living apart
Section 1362 Presumption of ownership

Title 6
Matrimonial property regime
Subtitle 1
Statutory property regime

Section 1363 Community of accrued gains
Section 1364 Management of property
Section 1365 Disposition of property as a whole
Section 1366 Ratification of contracts
Section 1367 Unilateral legal transactions
Section 1368 Asserting the ineffectiveness
Section 1369 Dispositions of household objects
Section 1370 (repealed)
Section 1371 Equalisation of accrued gains in the case of death
Section 1372 Equalisation of accrued gains in other cases
Section 1373 Accrued gains
Section 1374 Initial assets
Section 1375 Final assets
Section 1376 Ascertainment of the value of the initial and final assets
Section 1377 List of initial assets
Section 1378 Equalisation claim
Section 1379 Duty of information
Section 1380 Set-off of advancements
Section 1381 Refusal of satisfaction for gross inequity
Section 1382 Deferment
Section 1383 Transfer of assets
Section 1384 Date of calculation of the accrued gains and amount of the equalisation claim in the case of divorce
Section 1385 Premature equalisation of accrued gains of the spouse entitled to an equalisation claim in case of premature cancellation of the community of accrued gains
Section 1386 Premature suspension of the community of accrued gains
Section 1387 Date of calculation of the accrued gains and amount of the equalisation claim in the case of premature equalisation or premature suspension
Section 1388 Occurrence of separation of property
Section 1389 (repealed)
Section 1390 Claims against third parties of the person entitled to equalisation
Sections 1391 – 1407 (repealed)

Subtitle 2
Contractual property regime
Chapter 1
General provisions

Section 1408 Marriage contract, freedom of contract
Section 1409 Restriction of freedom of contract
Section 1410 Form
Section 1411 Marriage contracts of persons with restricted capacity to contract or incapable of contracting
Section 1412 Effect in relation to third parties
Section 1413 Revocation of permission to manage assets

Chapter 2
Separation of property

Section 1414 Commencement of separation of property

Chapter 3
Community of property
Subchapter 1
General provisions

Section 1415 Agreement by marriage contract
Section 1416 Marital property
Section 1417 Separate property
Section 1418 Reserved property
Section 1419 Joint ownership
Section 1420 Use for maintenance
Section 1421 Management of the marital property

Subchapter 2
Management of the marital property by the husband or the wife

Section 1422 Subject matter of right of management
Section 1423 Disposition of the marital property as a whole
Section 1424 Disposition of plots of land, ships or ships under construction
Section 1425 Donations
Section 1426 Substitution of the approval of the other spouse
Section 1427 Legal consequences of lack of consent
Section 1428 Dispositions without approval
Section 1429 Emergency right of management
Section 1430 Substitution of the approval of the managing spouse
Section 1431 Independent trade or business
Section 1432 Acceptance of an inheritance; refusal of offer to enter into contract or of donation
Section 1433 Continuation of a legal dispute
Section 1434 Unjust enrichment of the marital property
Section 1435 Duties of the managing spouse
Section 1436 Managing spouse under guardianship or custodianship
Section 1437 Obligations of the marital property; personal liability
Section 1438 Liability of the marital property
Section 1439 No liability on acquisition of an inheritance
Section 1440 Liability for reserved or separate property
Section 1441 Liability as between the spouses
Section 1442 Obligations of the separate property and of a trade or business
Section 1443 Costs of litigation
Section 1444 Costs of the advancement of a child
Section 1445 Equalisation between reserved property, separate property and marital property
Section 1446 Due date of the equalisation claim
Section 1447 Action of the non-managing spouse for termination
Section 1448 Action of the managing spouse for termination
Section 1449 Effect of the judicial termination decision
Section 1450 Joint management by the spouses
Section 1451 Duty of both spouses to cooperate
Section 1452 Substitution of approval
Section 1453 Disposition without consent
Section 1454 Emergency right of management
Section 1455 Acts of management without the cooperation of the other spouse
Section 1456 Independent trade or business
Section 1457 Unjust enrichment of the marital property
Section 1458 Guardianship of a spouse
Section 1459 Obligations of the marital property; personal liability
Section 1460 Liability of the marital property
Section 1461 No liability on acquisition of an inheritance
Section 1462 Liability for reserved or separate property
Section 1463 Liability as between the spouses
Section 1464 Obligations of the separate property and of a trade or business
Section 1465 Costs of litigation
Section 1466 Costs of the advancement of a child that is not a child of the spouses
Section 1467 Equalisation between reserved property, separate property and marital property
Section 1468 Due date of the equalisation claim
Section 1469 Action for termination
Section 1470 Effect of the judicial termination decision

Subchapter 4
Partitioning of the marital property

Section 1471 Beginning of the partitioning
Section 1472 Joint management of the marital property
Section 1473 Direct substitution
Section 1474 Implementation of the partitioning
Section 1475 Discharge of the marital property obligations
Section 1476 Division of the surplus
Section 1477 Implementation of the division
Section 1478 Partitioning after divorce
Section 1479 Partitioning after judicial termination decision
Section 1480 Liability to third parties after the division
Section 1481 Liability of the spouses to each other
Section 1482 Dissolution of marriage by death

Subchapter 5
Continued community of property

Section 1483 Occurrence of continued community of property
Section 1484 Refusal of continued community of property
Section 1485 Marital property
Section 1486 Reserved property; separate property
Section 1487 Legal position of the spouse and the descendants
Section 1488 Marital property obligations
Section 1489 Personal liability for the marital property obligations
Section 1490 Death of a descendant
Section 1491 Waiver by a descendant
Section 1492 Termination by the surviving spouse
Section 1493 Remarriage or establishment of a civil partnership by the surviving spouse
Section 1494 Death of the surviving spouse
Section 1495 Action of a descendant for termination
Section 1496 Effect of the judicial termination decision
Section 1497 Legal relationship until partitioning
Section 1498 Implementation of the partitioning
Section 1499 Obligations borne by the surviving spouse
Section 1500 Obligations borne by the descendants
Section 1501 Set-off of lump sum payments
Section 1502 Right of surviving spouse to take over property
Section 1503 Division among the descendants
Section 1504 Adjustment of liability between descendants
Section 1505 Supplementation of the share of a descendant
Section 1506 Unworthiness to receive a share
Section 1507 Certificate on continuation of the community of property
Section 1508 (repealed)
Section 1509 Exclusion of the continued community of property by testamentary disposition
Section 1510 Effect of exclusion
Section 1511 Exclusion of a descendant
Section 1512 Reduction of the share
Section 1513 Deprivation of the share
Section 1514 Disposition of the amount withheld
Section 1515 Right of a descendant and of the spouse to take over property
Section 1516 Approval of the other spouse
Section 1517 Waiver of his share by a descendant
Section 1518 Mandatory law

Chapter 4
Optional Regime of theCommunity of Accrued Gains

Section 1519 Agreement by marriage contract
Section 1520 to 1557(repealed)

Subtitle 3
Marriage property register

Section 1558 Competent registration court
Section 1559 Change of habitual residence
Section 1560 Application for entry
Section 1561 Requirements for application
Section 1562 Public notice
Section 1563 Inspection of the register

Title 7
Divorce
Subtitle 1
Grounds of divorce

Section 1564 Divorce by judicial decision
Section 1565 Breakdown of marriage
Section 1566 Presumption of breakdown
Section 1567 Living apart
Section 1568 Hardship clause

Subtitle 1a
Treatment of the marital home and of the household objects on the occasion of divorce

Section 1568a Matrimonial home
Section 1568b Household objects

Subtitle 2
Maintenance of the divorced spouse
Chapter 1
Principle

Section 1569 Principle of personal responsibility

Chapter 2
Entitlement to maintenance

Section 1570 Maintenance to care for a child
Section 1571 Maintenance by reason of old age
Section 1572 Maintenance for illness or infirmity
Section 1573 Maintenance for unemployment and topping-up maintenance
Section 1574 Appropriate gainful employment
Section 1575 Training, further training or retraining
Section 1576 Maintenance for reasons of equity
Section 1577 Indigence
Section 1578 Amount of maintenance
Section 1578a Presumption of cover in the case of additional expenditure resulting from injury
Section 1578b Reduction and time limitation of maintenance on grounds of inequity
Section 1579 Restriction or refusal of maintenance for gross inequity
Section 1580 Duty of information

Chapter 3
Ability to pay and priority

Section 1581 Ability to pay
Section 1582 Priority of the divorced spouse where more than one person is entitled to maintenance
Section 1583 Influence of the matrimonial property regime
Section 1584 Priority of more than one person liable for maintenance

Chapter 4
Form of the maintenance claim

Section 1585 Nature of maintenance payment
Section 1585a Provision of security
Section 1585b Maintenance for the past
Section 1585c Agreements on maintenance

Chapter 5
End of the maintenance claim

Section 1586 Remarriage, establishment of a civil partnership or death of the person entitled
Section 1586a Revival of the maintenance claim
Section 1586b Obligation not extinguished on death of the person obliged

Subtitle 3
Equalisation of pension rights

Section 1587 Reference to the Pension Equalisation Act [Versorgungsausgleichsgesetz]

Title 8
Church duties

Section 1588 (no heading)

Division 2
Relationship
Title 1
General provisions

Section 1589 Relationship by blood
Section 1590 Relationship by marriage

Title 2
Descent

Section 1591 Maternity
Section 1592 Paternity
Section 1593 Paternity in the case of dissolution of the marriage by death
Section 1594 Acknowledgement of paternity
Section 1595 Need for approval of the acknowledgement
Section 1596 Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
Section 1597 Formal requirements; revocation
Section 1598 Ineffectiveness of acknowledgement, approval and revocation
Section 1598a Claim to consent to a genetic examination to clarify natural parentage
Section 1599 Non-existence of paternity
Section 1600 Persons entitled to contest
Section 1600a Personal contestation; contestation in the case of lack of capacity to contract or limited capacity to contract
Section 1600b Contestation periods
Section 1600c Presumption of paternity in contestation proceedings
Section 1600d Court determination of paternity

Title 3
Obligation to maintain
Subtitle 1
General provisions

Section 1601 Persons with an obligation to maintain
Section 1602 Indigence
Section 1603 Ability to pay
Section 1604 Influence of the matrimonial property regime
Section 1605 Duty of information
Section 1606 Order of priority of more than one person obliged
Section 1607 Substituted liability and statutory passing of claim
Section 1608 Liability of the spouse or civil partner
Section 1609 Priority of more than person entitled to maintenance
Section 1610 Amount of maintenance
Section 1610a Presumption of cover in the case of additional expenditure resulting from injury
Section 1611 Restriction or end of obligation
Section 1612 Nature of maintenance payment
Section 1612a Minimum maintenance of minor children
Section 1612b Meeting cash requirements through child benefit
Section 1612c Set-off of other child-related payments
Section 1613 Maintenance for the past
Section 1614 Waiver of maintenance claim; advance performance
Section 1615 Extinction of the maintenance claim

Subtitle 2
Special provisions for the child and its parents who are not married to each other

Section 1615a Applicable provisions
Sections 1615b to 1615k(repealed)
Section 1615l Maintenance claim of mother and father by reason of the birth
Section 1615m Funeral costs for the mother
Section 1615n No expiry on the death of the father or stillbirth

Title 4
Legal relationship between the parents and the child in general

Section 1616 Birth name in the case of parents with family name
Section 1617 Birth name in the case of parents without family name and with joint parental custody
Section 1617a Birth name in the case of parents without family name and with sole parental custody
Section 1617b Name in the case of subsequent joint parental custody or ostensible paternity
Section 1617c Name in the case of change of name by the parents
Section 1618 Bringing child under family name
Section 1618a Duty of assistance and respect
Section 1619 Services in house and business
Section 1620 Outlays of the child for the household of its parents
Sections 1621 – 1623 (repealed)
Section 1624 Advancement from the parental assets
Section 1625 Advancement from the assets of the child

Title 5
Parental custody

Title 6
Legal advisership

Section 1712 Youth welfare office as legal adviser; tasks
Section 1713 Persons entitled to apply
Section 1714 Occurrence of legal advisership
Section 1715 Termination of legal advisership
Section 1716 Effects of legal advisership
Section 1717 Requirement of habitual residence on domestic territory
Sections 1718 – 1740 (repealed)

Title 7
Adoption
Subtitle 1
Adoption of minors

Section 1741 Admissibility of the adoption
Section 1742 Adoption only as child of the spouses
Section 1743 Minimum age
Section 1744 Probationary period
Section 1745 Prohibition of adoption
Section 1746 Consent of the child
Section 1747 Consent of the parents of the child
Section 1748 Substitution of the consent of a parent
Section 1749 Consent of the spouse
Section 1750 Declaration of consent
Section 1751 Effect of parental consent, maintenance obligation
Section 1752 Order of the family court, application
Section 1753 Adoption after death
Section 1754 Effect of adoption
Section 1755 Extinction of relationships
Section 1756 Continuation of relationships
Section 1757 Name of the child
Section 1758 Prohibition on disclosure and exploratory questioning
Section 1759 Cancellation of the adoption relationship
Section 1760 Cancellation for lack of declarations
Section 1761 Obstacles to cancellation
Section 1762 Entitlement to apply; period for filing application, form
Section 1763 Cancellation by the court of its own motion
Section 1764 Effect of cancellation
Section 1765 Name of the child after the cancellation
Section 1766 Marriage between adoptive parent and child

Subtitle 2
Adoption of persons of full age

Section 1767 Admissibility of adoption, applicable provisions
Section 1768 Application
Section 1769 Prohibition of adoption
Section 1770 Effect of adoption
Section 1771 Cancellation of the adoption relationship
Section 1772 Adoption with the effects of the adoption of a minor

Division 3
Guardianship, legal curatorship, custodianship
Title 1
Guardianship
Subtitle 1
Creation of guardianship

Section 1773 Requirements
Section 1774 Order by the court of its own motion
Section 1775 More than one guardian
Section 1776 Right of the parents to name the guardian
Section 1777 Requirements of the right to name the guardian
Section 1778 Passing over the guardian named
Section 1779 Selection by the family court
Section 1780 Lack of capacity to be a guardian
Section 1781 Unsuitability to be a guardian
Section 1782 Exclusion by the parents
Section 1783 (repealed)
Section 1784 Official or church officer as guardian
Section 1785 Duty to assume guardianship
Section 1786 Right to refuse
Section 1787 Consequences of unjustified refusal
Section 1788 Coercive fine
Section 1789 Appointment by the family court
Section 1790 Appointment subject to a reservation
Section 1791 Certificate of appointment
Section 1791a Guardianship by association
Section 1791b Official guardianship of the youth welfare office by appointment
Section 1791c Statutory official guardianship of the youth welfare office
Section 1792 Supervisory guardian

Subtitle 2
Conducting of the guardianship

Section 1793 Duties of the guardian, liability of the ward
Section 1794 Restriction as a result of curatorship
Section 1795 Exclusion of power of agency
Section 1796 Revocation of power of agency
Section 1797 More than one guardian
Section 1798 Differences of opinion
Section 1799 Duties and rights of the supervisory guardian
Section 1800 Scope of care for the person
Section 1801 Religious education
Section 1802 Inventory of property
Section 1803 Management of assets in the case of inheritance or donation
Section 1804 Donations made by the guardian
Section 1805 Use for the guardian
Section 1806 Investment of money held in trust for a ward
Section 1807 Nature of investment
Section 1808 (repealed)
Section 1809 Investment with blocking note
Section 1810 Cooperation of supervisory guardian or family court
Section 1811 Other investment
Section 1812 Dispositions of claims and securities
Section 1813 Transactions not requiring approval
Section 1814 Deposit of bearer instruments
Section 1815 Change of registration and conversion of bearer instruments
Section 1816 Blocking of registered claims
Section 1817 Exemption
Section 1818 Order of deposit
Section 1819 Approval in the case of deposit
Section 1820 Approval after change of registration and conversion
Section 1821 Approval of transactions relating to plots of land, ships or ships under construction
Section 1822 Approval for other transactions
Section 1823 Approval where the ward has a trade or business
Section 1824 Approval for the permission for the ward to use objects
Section 1825 General authorisation
Section 1826 Hearing of the supervisory guardian before giving the approval
Section 1827 (repealed)
Section 1828 Pronouncement of approval
Section 1829 Subsequent approval
Section 1830 Right of revocation of the other party
Section 1831 Unilateral legal transaction without approval
Section 1832 Approval of the supervisory guardian
Section 1833 Liability of the guardian
Section 1834 Duty to pay interest
Section 1835 Reimbursement of outlays
Section 1835a Reimbursement for expenses
Section 1836 Payment of the guardian
Sections 1836a and 1836b (repealed)
Section 1836c Funds to be provided by the ward
Section 1836d Destitution of the ward
Section 1836e Statutory passing of claim

Subtitle 3
Care and supervision of the family court

Section 1837 Advice and supervision
Section 1838 (repealed)
Section 1839 Duty of information of the guardian
Section 1840 Report and rendering of account
Section 1841 Contents of the account
Section 1842 Cooperation of the supervisory guardian
Section 1843 Examination by the family court
Section 1844 (repealed)
Section 1845 (repealed)
Section 1846 Interim measures of the family court
Section 1847 Hearing of the relatives
Section 1848 (repealed)

Subtitle 4
Cooperation of the youth welfare office

Sections 1849, 1850 (repealed)
Section 1851 Duties of notification

Subtitle 5
Exempted guardianship

Section 1852 Exemption by the father
Section 1853 Exemption from deposit and blocking
Section 1854 Exemption from duty to render an account
Section 1855 Exemption by the mother
Section 1856 Requirements of exemption
Section 1857 Cancellation of the exemption by the family court
Section 1857a Exemption of the youth welfare office and the association
Sections 1858 – 1881 (repealed)

Subtitle 6
Termination of the guardianship

Section 1882 Cessation of the requirements
Section 1883 (repealed)
Section 1884 Ward missing and declaration of death of the ward
Section 1885 (repealed)
Section 1886 Removal of the sole guardian
Section 1887 Removal of the youth welfare office or association
Section 1888 Removal of officials and church officers
Section 1889 Removal on the application of the guardian himself
Section 1890 Delivery of assets and rendering an account
Section 1891 Cooperation of the supervisory guardian
Section 1892 Examination and approval of the account
Section 1893 Continuation of transactions after the termination of the guardianship, return of certificates
Section 1894 Notification on death of the guardian
Section 1895 Termination of office of the supervisory guardian

Title 2
Legal custodianship

Section 1896 Requirements
Section 1897 Appointment of a natural person
Section 1898 Duty to assume custodianship
Section 1899 More than one custodian
Section 1900 Custodianship by association or public authority
Section 1901 Scope of the custodianship, duties of the custodian
Section 1901a Living will
Section 1901b Discussion to ascertain the patient’s will
Section 1901c Wishes in writing with regard to custodianship, enduring power of attorney
Section 1902 Representation of the person under custodianship
Section 1903 Reservation of consent
Section 1904 Approval of the custodianship court in the case of medical treatment
Section 1905 Sterilisation
Section 1906 Approval of the custodianship court with regard to accommodation
Section 1907 Approval of the custodianship court on abandonment of rented home
Section 1908 Approval of the custodianship court with regard to advancement
Section 1908a Precautionary appointment of a custodian and order of reservation of consent for minors
Section 1908b Removal of the custodian
Section 1908c Appointment of a new custodian
Section 1908d Cancellation or alteration of custodianship and reservation of consent
Section 1908e (repealed)
Section 1908f Recognition as custodianship association
Section 1908g Public authority custodian
Section 1908h (repealed)
Section 1908i Provisions applicable with the necessary modifications
Section 1908k (repealed)

Title 3
Curatorship

Section 1909 Supplementary curatorship
Section 1910 (repealed)
Section 1911 Curatorship of absentees
Section 1912 Curatorship for an unborn child
Section 1913 Curatorship for unknown persons involved
Section 1914 Curatorship for collected property
Section 1915 Application of guardianship law
Section 1916 Designation as supplementary curator
Section 1917 Naming of the supplementary curator by testator and third parties
Section 1918 Termination of the curatorship by operation of law
Section 1919 Cancellation of the curatorship on cessation of reason
Section 1920 (repealed)
Section 1921 Cancellation of the curatorship of absentees

Book 5
Law of Succession
Division 1
Succession

Section 1922 Universal succession
Section 1923 Capacity to inherit
Section 1924 Heirs on intestacy of the first degree
Section 1925 Heirs on intestacy of the second degree
Section 1926 Heirs on intestacy of the third degree
Section 1927 More than one share of the inheritance in the case of multiple relationship
Section 1928 Heirs on intestacy of the fourth degree
Section 1929 More distant degrees
Section 1930 Priority of the degrees
Section 1931 Right of intestate succession of the spouse
Section 1932 Preferential benefit of the spouse
Section 1933 Exclusion of the right of succession of the spouse
Section 1934 Right of succession of spouse who is a relative
Section 1935 Consequences of increase of share of the inheritance
Section 1936 Right of intestate succession of the State
Section 1937 Appointment of heir by testamentary disposition
Section 1938 Disinheritance without appointment of an heir
Section 1939 Legacy
Section 1940 Testamentary burden
Section 1941 Contract of inheritance

Division 2
Legal position of the heir
Title 1
Acceptance and disclaimer of the inheritance; supervision of the probate court

Section 1942 Devolution and disclaimer of the inheritance
Section 1943 Acceptance and disclaimer of the inheritance
Section 1944 Period for disclaimer
Section 1945 Form of disclaimer
Section 1946 Date for acceptance or disclaimer
Section 1947 Condition and stipulation as to time
Section 1948 More than one ground of entitlement
Section 1949 Mistake as to the ground of entitlement
Section 1950 Partial acceptance; partial disclaimer
Section 1951 More than one share of the inheritance
Section 1952 Inheritability of the right of disclaimer
Section 1953 Effect of disclaimer
Section 1954 Period of avoidance
Section 1955 Form of avoidance
Section 1956 Avoidance of failure to disclaim in good time
Section 1957 Effect of avoidance
Section 1958 Judicial assertion of claims against the heir
Section 1959 Management before the disclaimer
Section 1960 Securing the estate; curator of the estate
Section 1961 Curatorship of the estate on application
Section 1962 Jurisdiction of the probate court
Section 1963 Maintenance for the mother-to-be of an heir
Section 1964 Presumption that the treasury is heir
Section 1965 Public invitation to notify the rights of succession
Section 1966 Legal position of the treasury before determination

Title 2
Liability of the heir for the obligations of the estate
Subtitle 1
Obligations of the estate

Section 1967 Liability of heir, obligations of the estate
Section 1968 Costs of funeral
Section 1969 Maintenance for thirty days

Subtitle 2
Public notice to the creditors of the estate

Section 1970 Notification of the claims
Section 1971 Creditors not affected
Section 1972 Rights not affected
Section 1973 Exclusion of creditors of the estate
Section 1974 Defence of withheld information

Subtitle 3
Restriction of the liability of the heir

Section 1975 Administration of estate; estate insolvency
Section 1976 Effect on legal relationships extinguished by merger
Section 1977 Effect on a set-off
Section 1978 Responsibility of the heir for previous administration, reimbursement of expenses
Section 1979 Discharge of obligations of the estate
Section 1980 Application for institution of estate insolvency proceedings
Section 1981 Order of administration of the estate
Section 1982 Refusal to order administration of the estate for insufficiency of assets
Section 1983 Public notice
Section 1984 Effect of the order
Section 1985 Duties and liability of the administrator of the estate
Section 1986 Delivery of the estate
Section 1987 Payment of the administrator of the estate
Section 1988 End and cancellation of administration of the estate
Section 1989 Defence by the heir of exhaustion of assets
Section 1990 Defence by the heir of insufficiency of assets
Section 1991 Consequences of defence of insufficiency of assets
Section 1992 Overindebtedness as a result of legacies and testamentary burdens

Subtitle 4
Filing of an inventory, unlimited liability of the heir

Section 1993 Filing of an inventory
Section 1994 Inventory period
Section 1995 Length of the period
Section 1996 Fixing a new period
Section 1997 Suspension of the expiry of the period
Section 1998 Death of the heir before expiry of the period
Section 1999 Notice to the court
Section 2000 Ineffectiveness of the fixing of the period
Section 2001 Contents of the inventory
Section 2002 Preparation of the inventory by the heir
Section 2003 Official preparation of the inventory
Section 2004 Reference to an existing inventory
Section 2005 Unlimited liability of the heir if the inventory is incorrect
Section 2006 Declaration in lieu of an oath
Section 2007 Liability in the case of more than one share of the inheritance
Section 2008 Inventory for an inheritance that is part of marital property
Section 2009 Effect of filing of inventory
Section 2010 Inspection of the inventory
Section 2011 No inventory period for the treasury as heir
Section 2012 No inventory period for the curator and administrator of the estate
Section 2013 Consequences of the unlimited liability of the heir

Subtitle 5
Suspensive defences

Section 2014 Defence within three months
Section 2015 Defence of the public notice procedure
Section 2016 Exclusion of defences in the case of unlimited liability of the heir
Section 2017 Beginning of the period of time in the case of curatorship of the estate

Title 3
Claim to inheritance

Section 2018 Duty of surrender of the possessor of the inheritance
Section 2019 Direct substitution
Section 2020 Emoluments and fruits
Section 2021 Duty of surrender under principles of unjust enrichment
Section 2022 Reimbursement of outlays and expenses
Section 2023 Liability after litigation is pending and for emoluments and outlays
Section 2024 Liability with knowledge
Section 2025 Liability in the case of tort
Section 2026 No reliance on acquisition by prescription
Section 2027 Duty of information of the possessor of the inheritance
Section 2028 Duty of information of occupant of house
Section 2029 Liability in the case of individual claims by the heir
Section 2030 Legal position of the acquirer of the inheritance
Section 2031 Claim of person declared dead for surrender

Title 4
More than one heir
Subtitle 1
Legal relationship of the heirs between themselves

Section 2032 Community of heirs
Section 2033 Right of disposition of the co-heir
Section 2034 Right of preemption as against seller
Section 2035 Right of preemption as against buyer
Section 2036 Liability of buyer of share of the inheritance
Section 2037 Resale of the share of the inheritance
Section 2038 Joint management of the estate
Section 2039 Estate claims
Section 2040 Disposal of objects of the estate, set-off
Section 2041 Direct substitution
Section 2042 Partitioning
Section 2043 Postponement of partitioning
Section 2044 Exclusion of partitioning
Section 2045 Postponement of partitioning
Section 2046 Discharge of obligations of the estate
Section 2047 Distribution of the surplus
Section 2048 Directions by the deceased for partitioning
Section 2049 Taking over of a farm
Section 2050 Duty to adjust advancements for descendants as heirs on intestacy
Section 2051 Duty to adjust advancements if a descendant does not inherit
Section 2052 Duty to adjust advancements for descendants as heirs by will
Section 2053 Gift to more remote or adopted descendant
Section 2054 Gift from the marital property
Section 2055 Carrying out the adjustment
Section 2056 Excess gifts
Section 2057 Duty of information
Section 2057a Duty to adjust advancements in the case of special payments by one descendant

Subtitle 2
Legal relationship between the heirs and the creditors of the estate

Section 2058 Joint and several liability
Section 2059 Liability until division
Section 2060 Liability after division
Section 2061 Public notice to the creditors of the estate
Section 2062 Application for administration of the estate
Section 2063 Filing of an inventory, limitation of liability

Division 3
Will
Title 1
General provisions

Section 2064 Made in person
Section 2065 Determination by third parties
Section 2066 Heirs on intestacy of the testator
Section 2067 Relatives of the testator
Section 2068 Children of the testator
Section 2069 Descendants of the testator
Section 2070 Descendants of a third party
Section 2071 Group of persons
Section 2072 The poor
Section 2073 Ambiguous designation
Section 2074 Condition precedent
Section 2075 Condition subsequent
Section 2076 Condition for the benefit of a third party
Section 2077 Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement
Section 2078 Avoidance for mistake or duress
Section 2079 Avoidance for omission of a person entitled to a compulsory portion
Section 2080 Person entitled to avoid
Section 2081 Declaration of avoidance
Section 2082 Period of avoidance
Section 2083 Defence of voidability
Section 2084 Interpretation favouring effectiveness
Section 2085 Partial ineffectiveness
Section 2086 Reservation of right to make addition

Title 2
Appointment of heirs

Section 2087 Gift of property, of fraction of property or of individual objects
Section 2088 Appointment to fractions
Section 2089 Increase of the fractions
Section 2090 Reduction of the fractions
Section 2091 Undetermined fractions
Section 2092 Partial appointment to fractions
Section 2093 Joint share of the inheritance
Section 2094 Accrual
Section 2095 Accrued share of the inheritance
Section 2096 Substitute heir
Section 2097 Rule of interpretation in the case of substitute heir
Section 2098 Mutual appointment as substitute heir
Section 2099 Substitute heir and accrual

Title 3
Appointment of a subsequent heir

Title 4
Legacies

Section 2147 Person charged with a legacy
Section 2148 More than one person charged with a legacy
Section 2149 Legacy for heirs on intestacy
Section 2150 Preferential legacy
Section 2151 Right to decide of the person charged or of a third person in the event of more than one person provided for
Section 2152 Choice of persons provided for
Section 2153 Determination of shares
Section 2154 Optional legacy
Section 2155 General legacy
Section 2156 Legacy for a special purpose
Section 2157 Joint legacy
Section 2158 Accrual
Section 2159 Independence of the accrual
Section 2160 Prior death of person provided for
Section 2161 Where the person charged does not inherit
Section 2162 Thirty-year period for a suspended legacy
Section 2163 Exceptions to the thirty-year period
Section 2164 Extension to accessories and claims to compensation
Section 2165 Charges
Section 2166 Charge with a mortgage
Section 2167 Charge with a blanket mortgage
Section 2168 Charge with a blanket land charge
Section 2168a Application to ships, ships under construction and ship mortgages
Section 2169 Legacy of foreign objects
Section 2170 Legacy to be procured
Section 2171 Impossibility, statutory prohibition
Section 2172 Combination, intermixture, mingling of the bequeathed thing
Section 2173 Claim as a legacy
Section 2174 Claim arising under a legacy
Section 2175 Restoration of extinguished legal relationships
Section 2176 Devolution of the legacy
Section 2177 Devolution in the event of a condition or a time limit
Section 2178 Devolution in the event of a person provided for not yet conceived or determined
Section 2179 Period of suspense
Section 2180 Acceptance and disclaimer
Section 2181 Discretionary due date
Section 2182 Liability for legal defects
Section 2183 Liability for material defects
Section 2184 Fruits and emoluments
Section 2185 Reimbursement of outlays and expenses
Section 2186 Due date of sublegacy or testamentary burden
Section 2187 Liability of the main legatee
Section 2188 Reduction of the charges
Section 2189 Directions concerning priority
Section 2190 Substitute legatee
Section 2191 Subsequent legatee

Title 5
Testamentary burden

Section 2192 Applicable provisions
Section 2193 Appointment of the beneficiary, period for fulfilment
Section 2194 Claim for fulfilment
Section 2195 Relationship between testamentary burden and gift
Section 2196 Impossibility of fulfilment

Title 6
Executor

Section 2197 Appointment of an executor
Section 2198 Determination of the executor by a third person
Section 2199 Appointment of co-executor or successor
Section 2200 Appointment by the probate court
Section 2201 Ineffectiveness of the appointment
Section 2202 Acceptance and refusal of office
Section 2203 Task of the executor
Section 2204 Partitioning of the estate between co-heirs
Section 2205 Administration of the estate, power of disposal
Section 2206 Incurring obligations
Section 2207 Extended authority
Section 2208 Limitation of the rights of the executor, execution by the heir
Section 2209 Permanent execution
Section 2210 Thirty-year period for permanent execution
Section 2211 Limitation on dispositions of the heir
Section 2212 Assertion in court of the rights subject to the execution of the will
Section 2213 Assertion in court of claims against the estate
Section 2214 Creditors of the heir
Section 2215 Inventory of the estate
Section 2216 Proper administration of the estate, compliance with directions
Section 2217 Transfer of objects of the estate
Section 2218 Legal relationship to the heir; rendering of accounts
Section 2219 Liability of the executor
Section 2220 Mandatory law
Section 2221 Remuneration of the executor
Section 2222 Executor for the subsequent heir
Section 2223 Executor of a legacy
Section 2224 More than one executor
Section 2225 Expiry of the office of the executor
Section 2226 Notice of termination by the executor
Section 2227 Dismissal of the executor
Section 2228 Inspection of records

Title 7
The making and revocation of a will

Section 2229 Testamentary capacity of minors, lack of testamentary capacity
Section 2230 (repealed)
Section 2231 Regular wills
Section 2232 Public will
Section 2233 Special cases
Sections 2234 – 2246 (repealed)
Section 2247 Holographic will
Section 2248 Custody of a holographic will
Section 2249 Emergency will made before the mayor
Section 2250 Emergency will before three witnesses
Section 2251 Emergency will made at sea
Section 2252 Period of validity of emergency wills
Section 2253 Revocation of the will
Section 2254 Revocation by will
Section 2255 Revocation by destruction or changes
Section 2256 Revocation by the revocation of the will from official custody
Section 2257 Revocation of the revocation
Section 2258 Revocation by a later will
Section 2258a (repealed)
Section 2258b (repealed)
Section 2259 Obligation to deliver
Section 2260 (repealed)
Section 2261 (repealed)
Section 2262 (repealed)
Section 2263 Voidness of a prohibition on opening the will
Section 2263a, 2264 (repealed)

Title 8
Joint will

Section 2265 Joint will made by spouses
Section 2266 Joint emergency will
Section 2267 Joint holographic will
Section 2268 Effect of nullity or dissolution of marriage
Section 2269 Reciprocal appointment
Section 2270 Reciprocal dispositions
Section 2271 Revocation of reciprocal dispositions
Section 2272 Revocation of official custody
Section 2273 (repealed)

Division 4
Contract of inheritance

Section 2274 Entering into contract in person
Section 2275 Requirements
Section 2276 Form
Section 2277 (repealed)
Section 2278 Permissible contractual dispositions
Section 2279 Contractual gifts and burdens, application of section 2077
Section 2280 Application of section 2269
Section 2281 Avoidance by the testator
Section 2282 Representation, form of the avoidance
Section 2283 Period of avoidance
Section 2284 Confirmation
Section 2285 Avoidance by third parties
Section 2286 Dispositions inter vivos
Section 2287 Gifts adversely affecting the contractual heir
Section 2288 Prejudice to the legatee
Section 2289 Effect of the contract of inheritance on testamentary dispositions; application of section 2338
Section 2290 Cancellation by contract
Section 2291 Cancellation by will
Section 2292 Cancellation by joint will
Section 2293 Revocation in the event of reservation
Section 2294 Revocation in the event of the misconduct of the person provided for
Section 2295 Revocation in the event of the extinction of a mutual obligation
Section 2296 Representation, form of revocation
Section 2297 Revocation by will
Section 2298 Mutual contract of inheritance
Section 2299 Unilateral dispositions
Section 2300 Application of sections 2259 and 2263; removal from official or notarial custody
Section 2300a (repealed)
Section 2301 Promise of donation mortis causa
Section 2302 Unlimited testamentary freedom

Division 5
Compulsory share

Division 6
Unworthiness to inherit

Section 2339 Grounds for unworthiness to inherit
Section 2340 Enforcement of the unworthiness to inherit by avoidance
Section 2341 Persons entitled to avoid
Section 2342 Action for avoidance
Section 2343 Forgiveness
Section 2344 Effect of a declaration of unworthiness to inherit
Section 2345 Unworthiness to receive a legacy; unworthiness to receive a compulsory share

Division 7
Renunciation of inheritance

Section 2346 Effect of the renunciation of inheritance, possibility of limitation
Section 2347 Personal requirements, representation
Section 2348 Form
Section 2349 Extension to descendants
Section 2350 Renunciation in favour of another
Section 2351 Revocation of a renunciation of the inheritance
Section 2352 Renunciation of gifts

Division 8
Certificate of inheritance

Section 2353 Competence of the probate court, application
Section 2354 Statements of the heir on intestacy in the application
Section 2355 Statements of the testamentary heir in the application
Section 2356 Proof of accuracy of statements
Section 2357 Joint certificate of inheritance
Section 2358 Investigations by the probate court
Section 2359 Requirements for the issue of a certificate of inheritance
Section 2360 (repealed)
Section 2361 Revocation or declaration of invalidity of an inaccurate certificate of inheritance
Section 2362 Claim for return and information by the true heir
Section 2363 Contents of the certificate of inheritance for the prior heir
Section 2364 Indication of the executor in the certificate of inheritance, claim for delivery by the executor
Section 2365 Presumption of legitimacy of the certificate of inheritance
Section 2366 Presumption of the authenticity of the certificate of inheritance
Section 2367 Performance for the person named as heir in the certificate of inheritance
Section 2368 Executor’s certificate
Section 2369 Certificate of inheritance limited to objects
Section 2370 Presumption of authenticity of declaration of death

Division 9
Purchase of an inheritance

Section 2371 Form
Section 2372 Advantages due to purchaser
Section 2373 Parts remaining for the seller
Section 2374 Duty to return
Section 2375 Duty to compensate
Section 2376 Liability of the seller
Section 2377 Restoration of extinguished legal relationships
Section 2378 Obligations of the estate
Section 2379 Emoluments and charges prior to the sale
Section 2380 Passing of the risk, emoluments and charges after the sale
Section 2381 Reimbursement of outlays and expenses
Section 2382 Liability of the purchaser in relation to the creditors of the estate
Section 2383 Scope of liability of the purchaser
Section 2384 The duty of notification of the seller towards the creditors of the estate, right of inspection
Section 2385 Application to similar contracts

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