Last Updated on June 28, 2021 by LawEuro
German Civil Code (BGB) German law
Subtitle 3
Usufruct in property
Section 1085
Creation of usufruct in property
Usufruct in the assets of a person may be created only in such a way that the usufructuary obtains the usufruct in the individual objects constituting the assets. To the extent that the usufruct has been created, the provisions of sections 1086 to 1088 apply.
Section 1086
Rights of the creditors of the grantor
The creditors of the grantor may, insofar as their claims arose before the grant, notwithstanding the usufruct, require satisfaction from the objects subject to the usufruct. If the usufructuary has obtained the ownership of consumable things, the claim of the grantor to reimbursement of the value takes the place of the things; the usufructuary is obliged to reimburse the creditors without delay.
Section 1087
Relationship between usufructuary and grantor
(1) The grantor may, if a claim that arose before the grant is due, require the usufructuary to return the objects necessary to satisfy the creditor. He has the right of selection; however, he may select only the objects that are primarily suitable. To the extent that the objects returned are sufficient, the grantor is obliged in relation to the usufructuary to satisfy the creditor.
(2) The usufructuary may satisfy the obligation by providing the object owed. Where the object owed is not among the assets that are subject to the usufruct, the usufructuary is entitled, for the purpose of satisfying the creditor, to alienate an object among the assets, if it is not possible without risk to await satisfaction by the grantor. He must select an object that is primarily suitable. If he is obliged to reimburse the value of consumable things, he may not undertake a disposal.
Section 1088
Liability of the usufructuary
(1) The creditors of the grantor whose claims were already subject to interest at the time of the grant may for the duration of the usufruct also require the interest from the usufructuary. The same applies to other recurrent payments that in the case of proper management are satisfied from the income of the assets, if the claim arose before the usufruct was granted.
(2) The liability of the usufructuary may not be excluded or restricted by agreement between him and the grantor.
(3) The usufructuary is obliged in relation to the grantor to satisfy the creditors with regard to the claims set out in subsection (1). The grantor may require the return of objects for the purpose of satisfaction only if the usufructuary is in default in fulfilling this obligation.
Section 1089
Usufruct in an inheritance
The provisions of sections 1085 to 1088 apply with the necessary modifications to usufruct in an inheritance.
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