Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Subtitle 1
Transfer
Section 929
Agreement and delivery
For the transfer of the ownership of a movable thing, it is necessary that the owner delivers the thing to the acquirer and both agree that ownership is to pass. If the acquirer is in possession of the thing, agreement on the transfer of the ownership suffices.
Section 929a
Agreement with regard to unregistered ship
(1) In order to transfer the ownership of a ship that is not registered in the ship register, or of a share in such a ship, delivery is not necessary if the owner and the acquirer are in agreement that the ownership is to pass immediately.
(2) Either party may require that, at his cost, a notarially certified document of the disposal is issued to him.
Section 930
Constructive delivery
If the owner is in possession of the thing, the delivery may be replaced by a legal relationship being agreed between the owner and the acquirer by which the acquirer obtains indirect possession.
Section 931
Assignment of claim for possession
If a third party is in possession of the thing, delivery may be replaced by the owner assigning to the acquirer the claim to delivery of the thing.
Section 932
Good faith acquisition from a person not entitled
(1) As a result of a disposal carried out under section 929, the acquirer becomes the owner even if the thing does not belong to the alienor, unless the acquirer is not in good faith at the time when under these provisions he would acquire ownership. In the case of section 929 sentence 2, however, this applies only if the acquirer had obtained possession from the alienor.
(2) The acquirer is not in good faith if he is aware, or as a result of gross negligence he is not aware, that the thing does not belong to the alienor.
Section 932a
Good faith acquisition of unregistered ships
Where a ship disposed of under section 929a does not belong to the person disposing, the acquirer becomes the owner if the ship is delivered to him by the alienor, unless he is not in good faith at this time; where a share in a ship is the subject of the disposal, the granting of joint possession of the ship takes the place of delivery.
Section 933
Good faith acquisition on constructive delivery
Where a thing alienated under section 930 does not belong to the alienor, the acquirer becomes the owner if the thing is delivered to him by the alienor, unless he is not in good faith at this time.
Section 934
Good faith acquisition on assignment of claim for possession
Where a thing alienated under section 931 does not belong to the alienor, the acquirer becomes owner, if the alienor is the indirect possessor of the thing, on the assignment of the claim, or otherwise when the acquirer obtains the possession of the thing from the third party, unless at the time of the assignment or the acquisition of possession he is not in good faith.
Section 935
No good faith acquisition of lost property
(1) The acquisition of ownership under sections 932 to 934 does not occur if the thing was stolen from the owner, is missing or has been lost in any other way. The same applies, where the owner was only the indirect possessor, if the possessor had lost the thing.
(2) These provisions do not apply to money or bearer instruments or to things that are alienated by way of public auction or in an auction pursuant to section 979 (1a).
Section 936
Extinction of third party rights
(1) If an alienated thing is encumbered with the right of a third party, the right is extinguished on the acquisition of ownership. In the case of section 929 sentence 2, however, this applies only if the acquirer had obtained possession from the alienor. If the disposal is made under section 929a or 930, or if the thing alienated under section 931 was not in the indirect possession of the alienor, the right of the third party is extinguished only when the acquirer obtains possession of the thing as a result of the disposal.
(2) The right of the third party is not extinguished if the acquirer, at the time conclusive under subsection (1) above, is not in good faith with regard to the right.
(3) If, in the case of section 931, the right belongs to the third party possessor, it is not extinguished even with regard to a good faith acquirer.
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