Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Subtitle 4
Acquisition of products and other components of a thing
Section 953
Ownership of separated products and components
Products and other components of a thing, even after separation, belong to the owner of the thing, unless sections 954 to 957 lead to a different conclusion.
Section 954
Acquisition by person with real right
A person who, by reason of a right in a thing belonging to another, is entitled to appropriate products or other components of the thing, acquires the ownership of them, notwithstanding the provisions of sections 955 to 957, upon the separation.
Section 955
Acquisition by proprietary possessor in good faith
(1) A person who has a thing in his proprietary possession acquires the ownership of the products and other components that are among the fruits of the thing, notwithstanding the provisions of sections 956 and 957, on the separation. Acquisition is excluded if the proprietary possessor is not entitled to proprietary possession or another person, by reason of a right in the thing, is entitled to receive the fruits and the proprietary possessor is not in good faith when he acquires proprietary possession or learns of the legal defect before the separation.
(2) Equivalent to the proprietary possessor is the person who possesses the thing for the purpose of exercising a right of use of it.
(3) Proprietary possession and possession equivalent to proprietary possession are governed by the provision of section 940 (2) with the necessary modifications.
Section 956
Acquisition by person entitled in personam
(1) Where the owner permits another person to appropriate to himself products or other components of the thing, the other person acquires the ownership of them, if the possession of the thing is entrusted to him, on separation, or otherwise on taking possession. If the owner is obliged to permit this, he may not revoke it as long as the other person is still in the possession of the thing that he was permitted.
(2) The same applies if the permission comes not from the owner but from another person to whom products or other components of a thing belong after separation.
Section 957
Permission by the person not entitled
The provision of section 956 applies even where the person who permits another to appropriate is not authorised to do this, unless the other person, if he is entrusted with the possession of the thing, is not in good faith when the thing is entrusted to him, or otherwise when he takes possession of the products or the other components, or if he learns of the legal defect before separation.
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