.(1) Acceptance is deemed not to have been made if the heir was mistaken as to the ground of entitlement.
If the pledged item has a stock exchange or market price, the pledgee may effect the sale privately at the current price through a commercial broker officially authorised to effect such sales or through a person authorised to sell by public auction.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. ¬ß 573b Teilk√ľndigung des Vermieters ¬ß 573c Fristen der ordentlichen K√ľndigung BGB ¬ß 356 i.d.F. 19.03.2020. Buch 2: Recht der Schuldverh√§ltnisse Abschnitt 3: Schuldverh√§ltnisse aus Vertr√§gen Titel 5: R√ľcktritt; Widerrufsrecht bei Verbrauchervertr√§gen Untertitel 2.
(3) If a unilateral legal transaction whose effectiveness depends on the approval of a third party is undertaken with the consent of the third party, then the provisions of section†111 sentences 2 and 3 apply with the necessary modifications.(2) These periods are governed by the provisions applying to limitation of sections†206, 210 and 211, with the necessary modifications.(1) The purchaser must reimburse to the seller the necessary outlays that the seller made on the inheritance before the sale.(2) If the later will is revoked, the earlier will is, in case of doubt, effective in the same way as if it had not been revoked.(2) Section†1804 applies with the necessary modifications, but the custodian, in representation of the person under custodianship, may also give occasional presents if this is consistent with the wish of the person under custodianship and is customary in accordance with his standard of living. Section†1857a applies with the necessary modifications to the custodianship by the father, the mother, the spouse, the civil partner or a descendant of the person under custodianship and to the association custodian and the public authority custodian to the extent that the custodianship court does not direct otherwise.
(1) The amount of maintenance to be paid is determined according to the position in life of the indigent person (appropriate maintenance)..††provide the customer with reasonable, effective, and accessible technical means with the aid of which the customer may identify and correct input errors prior to making his order,(1) The lessor may demand approval of an increase in rent up to the reference rent customary in the locality if, at the time when the increase is to occur, the rent has remained unchanged for fifteen months. The demand for a rent increase may be made at the earliest one year after the most recent rent increase. Increases under sections†559 to 560 are not taken into account.
11.††contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; this shall not apply as regards additional services provided on the occasion of such visit that the consumer has not specifically requested, or as regards any goods delivered on the occasion of such visit that are not absolutely required as replacement parts in carrying out the maintenance or in making the repairs,10.††the filing of a claim in insolvency proceedings or in proceedings for the distribution of assets under maritime law,
The power to dispose of an alienable right may not be excluded or restricted by a legal transaction. This effectiveness of an obligation not to dispose of such a right is not affected by this provision.(1) The effectiveness of a purchase made in violation of section†450 and of the transfer of the object purchased is subject to the approval of the person taking part in the sale as obligor, owner or obligee. If the buyer requests a person taking part to make a declaration of ratification, section†177 (2) applies with the necessary modifications.(2) Each part owner is authorised to use the joint object to the extent that joint use by other part owners is not impaired.
Section†2289Effect of the contract of inheritance on testamentary dispositions; application of section†2338The spouses have a duty to each other to appropriately maintain the family through their work and with their assets. If the household management is entrusted to one spouse, he normally performs his duty of contributing to family maintenance through work by carrying out the household management.(3) The signature should contain the first name and the last name of the testator. If the testator signs in another manner and this signature suffices to establish the identity of the testator and the seriousness of his declaration, such a signature does not invalidate the will.(1) The lessor may ward off exercise of the right of removal (section†539 (2)) by payment of appropriate compensation unless the lessee has a justified interest in removal.
(1) In cases in which consent is granted through a payment authentication instrument, the payer and the payment service provider may agree maximum amounts for the use of this payment authentication instrument.(3) If the name acquired as a result of the adoption has become the family name or civil partnership name, the family court, upon the joint application of the spouses or civil partners, must order, together with the cancellation, that the spouses or civil partners use as their family name or civil partnership name the birth name which the child used before the adoption.1.††by reason of an irregular exceptionally high need (special need); after the end of a one-year period since it arose, this claim may be asserted only if the person obliged is first in default or the claim has become pending at court;(2) Liability for the claim against the insurer is extinguished, if the insured object is restored to its original condition or a replacement is provided for it.
If the contents of the Land Register are not consistent with the actual legal position with regard to a right in the plot of land, a right in such a right or a restriction of disposition of the kind set out in section†892 (1), the person whose right is not registered or not correctly registered or is disadvantaged by the registration of an encumbrance or restriction that does not exist may require approval of the correction†of the Land Register from the person whose right is affected by the correction.(1) Upon the death of a person (devolution of an inheritance), that person’s property (inheritance) passes as a whole to one or more than one other persons (heirs).The issuer is only obliged to pay in return for delivery of the bearer bond. Upon delivery, he acquires ownership of the document even if the bearer is not entitled to make use of it.
Where the person whose claim is secured by the priority notice is unknown, his right may be excluded by way of public notice procedure if the requirements for the exclusion of a mortgage creditor laid down in section†1170 are satisfied. When the exclusory order comes into legal effect, the effect of the priority notice is extinguished.(1) If the usufructuary lessee of a plot of land takes over the inventory at its estimated value with the duty of returning it at its estimated value upon termination of the lease, then he bears the risk of accidental loss and accidental deterioration of such inventory. Within the limits of proper management, the lessee may dispose of the individual inventory items.1.††the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser, and(2) The probate court may issue a public request to be notified of the rights of succession of other persons; the manner of publication and the length of the notification period are determined by the provisions governing the public notice procedure.
(2) The spouse who is not gainfully employed can be required to earn his own maintenance through gainful employment only if this can be expected of him in view of his personal circumstances, in particular by reason of earlier gainful employment, taking into account the duration of the marriage, and with regard to the financial circumstances of both spouses.(1) On request, the person obliged must provide security. The duty to provide security does not apply if there is no reason to assume that the payment of maintenance is endangered or if the person obliged would be inequitably burdened by the provision of security. The amount for which security is to be provided should not exceed the periodical payments for one year, except to the extent that, in the particular circumstances of the cases, a higher amount of security appears appropriate.The order and the acknowledgement of receipt within the meaning of sentence 1 number 3 are deemed to have been received if the parties for whom they are intended are able to retrieve them in normal circumstances.(3) If the action is preceded by a demand for increase that does not comply with the requirements of section†558a, then the lessor may correct this in the legal dispute or remedy the defects in the demand for increase. In this case too, the lessee is entitled to the approval period under subsection†(2) sentence 1.. 3 and 4, the defence is admissible to the extent that the creditor may satisfy his claim out of a movable thing of the principal debtor over which he has a security right or of which he has a right of retention; the provisions of section†772 (2) sentence 2 apply.
(1) A person who is not capable of contracting or who has limited capacity to contract can neither establish nor terminate residence without the consent of his legal representative.(1) Where the fulfilment of a testamentary burden becomes impossible as a result of a circumstance for which the person charged is responsible, the person who would benefit directly if the person initially charged ceases to be involved may, in accordance with the provisions on the return of unjust enrichment, demand the delivery of the gift to the extent that this gift should have been used to fulfil the testamentary burden.If the guardian has claimed to the other party, untruthfully, that the family court has given its approval, the other party is entitled to revoke the contract until it is informed of the subsequent approval of the family court, unless it knew of the lack of approval when it entered into the contract.
If the authorisation of a payment transaction which has been carried out is disputed, the payment service provider must prove that authentication took place and that the payment transaction was properly recorded, posted and not impaired by a malfunction. Authentication is deemed to have taken place if the payment service provider has verified the use of a specific payment authentication instrument, including his personalised security features, with the aid of a procedure. If the payment transaction was initiated using a payment authentication instrument, the recording of the use of the payment authentication instrument, including authentication, by the payment service provider is not necessarily sufficient by itself in order to prove that the payer(2) An agreement that excludes or limits this right does not prevent its being asserted if there are grounds for assuming dishonest management.a)††the lump sum, in the cases covered, exceeds the damage expected under normal circumstances or the customarily occurring decrease in value, or(1) In the case of a lump sum charge for operating costs, the lessor is entitled to apportion increases in operating costs proportionately to the lessee by a declaration in text form, to the extent that this has been agreed in the lease agreement. The declaration is only effective if the basis of the apportionment is referred to and explained in it.
Section 630h The burden of proof in case of liability for malpractice and errors in providing information(2) Where there is reason to assume that the information on earnings contained in the account has not been provided with the requisite care the person obliged must, upon demand, declare for the record in lieu of an oath that he has indicated the earnings as completely as he is able to.
(1) The inventory should state in full the objects of the estate that are in existence at the date of the devolution of the inheritance and the obligations of the estate.(5) The accommodation by an authorised person and the consent of an authorised person to measures under subsections†(3) and (4) require that the power of attorney be granted in writing and expressly cover the measures set out in subsections†(1), (3) and (4). Apart from this, subsections†(1) to (4) apply with the necessary modifications.Where a plot of land is encumbered with a right for which, under the provisions applying to compulsory auction, if the right is extinguished by the acceptance of the bid, the person entitled is to be compensated from the proceeds of sale, the maximum amount of compensation may be determined. The determination must be registered in the Land Register.
b)††(Gross fault) any exclusion or limitation of liability for other damage arising from a grossly negligent breach of duty by the user or from an intentional or grossly negligent breach of duty by a legal representative of the user or a person used to perform an obligation of the user;(1) The travel organiser is obliged to provide the travel package in such a way that it has the warranted characteristics and is not impaired by faults that cancel or reduce its value or its suitability for the customary use or the use assumed under the contract.(3) Where a reservation of consent is ordered, the custodian nevertheless does not require the consent of his custodian if the declaration of intention merely confers a legal advantage on the person under custodianship. To the extent that the court does not order otherwise, this also applies if the declaration of intention relates to a trivial matter of everyday life.
If an adoptive parent, contrary to the provisions of family law, enters into marriage with the adopted child or with one of its descendants, then upon the marriage, the legal relationship created between them by the adoption is cancelled. Sections†1764 and 1765 do not apply.(1) If the lessee fails to return the leased property after termination of the lease, the lessor may for the duration of retention demand as compensation the agreed rent or the rent that is customarily paid for comparable items in the locality.2.††the entries to be made are immediately entered into a memory and it remains permanently possible to reproduce their contents unchanged in readable form.
(3) Subsections†(1) and (2) above, and sections†308 and 309 apply only to provisions in standard business terms on the basis of which arrangements derogating from legal provisions, or arrangements supplementing those legal provisions, are agreed. Other provisions may be ineffective under subsection†(1) sentence 2 above, in conjunction with subsection†(1) sentence 1 above.If, on the transfer of a business by way of a lifetime transfer of property, a plot of land leased for the business that serves agricultural purposes is included, then the transferee succeeds to the usufructuary lease in place of the lessee. The usufructuary lessor must, however, be promptly notified of the transfer of business. If proper management of the leased property by the transferee is not guaranteed, then the usufructuary lessor is entitled to terminate the lease for cause with the statutory notice period.2.††to create the necessary conditions for regular school attendance by the exchange student in the host country.(3) The priority of the right to the grant of which the claim relates is determined according to the registration of the priority notice.3.††the lease period in the case of a usufructuary lease of a business, the leasing of additional plots of land as a result of which a business is created, or in the case of the lease of marshland or wasteland that has been cultivated by the lessee has been agreed for at least eighteen years, or in the case of the lease of other plots of land for at least twelve years,
(3) If the deceased leaves an heir more than one share of the inheritance, he may permit the heir by disposition mortis causa to accept one share of the inheritance and disclaim the other.The reseller may demand reimbursement for outlays that he made on the purchased object before the resale to the extent that the value of the object is enhanced by the expenses. He may remove an installation which he has attached to the returnable thing.(3) Where consumer credit agreements are withdrawn from, the borrower is to pay the agreed interest for the period lapsing between the disbursement and the repayment of the loan. If the loan is secured by a security right in land, evidence may be submitted as to the value of the benefit of use having been lower than the interest agreed upon. In this case, solely the lower amount is owed. In cases in which contracts relating to nongratuitous financing assistance are withdrawn from that are not covered by the exception set out in section 506 (4), subsection (2) likewise applies, with the necessary modifications, subject to the proviso that the information concerning the right of withdrawal is replaced by the obligatory information under Article 247 section 12 (1) in conjunction with section†6 (2) of the Introductory Act to the Civil Code [EinfŁhrungsgesetz zum BŁrgerlichen Gesetzbuche], each of which provisions concerns the right of withdrawal. Over and above this, the borrower must refund to the lender solely the expenditure which the lender has provided to public agencies and cannot demand back.
4.††in securities, in particular mortgage bonds, and in securitised debts of all kinds of a domestic municipal corporation or the credit institution of such a corporation, to the extent that the securities or the debt have been declared by the Federal Government with the approval of the Federal Council [Bundesrat] to be suitable for the investment of money held in trust for a ward;If an heir is entitled to more than one share of the inheritance, his liability for the obligations of the estate with regard to each of the shares of the inheritance is determined in the same way as if the shares in the inheritance belonged to different persons. In the cases of accrual and of section†1935, this applies only if the shares of the inheritance are differently encumbered.(2) Maintenance must be provided in the manner that is required by conjugal community. The spouses have a duty to each other to provide for a reasonable period of time in advance the means necessary for the collective maintenance of the family.Section†356aRight of withdrawal in case of timeshare, long-term holiday product, brokerage contracts, and exchange system contracts
A fraction of a plot of land may be encumbered with a mortgage only if it consists in the share of a co-owner, except in the cases set out in section†3 (6) of the Land Register Act [Grundbuchordnung].(3) A declaration of parental custody is ineffective to the extent that a court decision on parental custody under section 1626a (1) no. 3 or section 1671 has been made or such a decision has been altered under section†1696 (1) sentence 1.The right of revocation may only be waived when the person entitled to revoke has become aware of the ingratitude. Nach ¬ß 573b Abs. 2 Nr. 2 BGB liegt ein berechtigtes Interesse des Vermieters an der K√ľndigung insbesondere vor, wenn er die R√§ume als Wohnung f√ľr sich, seine Familienangeh√∂rigen oder An-geh√∂rige seines Haushalts ben√∂tigt. Nachfolgend werden die Voraussetzungen f√ľr eine Eigenbedarfsk√ľndigung erl√§utert und mit kur (3) By way of derogation from subsections†(1) and (2), the payer is not obliged to provide compensation with regard to damage emerging from the use of a payment authentication instrument after a report has been made pursuant to section†675l sentence 2. The payer is also not obliged to provide compensation with regard to loss within the meaning of subsection†(1) if the payment service provider failed to comply with his obligation in accordance with section†675m (1) no. 3. Sentences 1 and 2 are not applicable if the payer acted with fraudulent intent.
(2) On the basis of such an order the obligee may pursue his claim by way of execution, without effecting the performance he owes, if the obligor is in default of acceptance.(4) A payment service user may demand from his payment service provider over and above the claims under subsections†(1) and (2) the refund of the charges and interest which the payment service provider invoiced to him in connection†with the non-execution or erroneous execution of the payment transaction or debited from his payment account.(2) If an obligation of the estate encumbers only a few co-heirs, they may request the discharge to be made only from the part of the estate that accrues to them in the partitioning.
(2) The withdrawal period is fourteen days. Unless otherwise provided, it begins upon the contract having been concluded.The pledge of a claim extends to the interest on the claim. The provisions of section†1123 (2) and sections†1124 and 1125 apply with the necessary modifications; the attachment is replaced by the notification by the pledgee to the debtor that he is exercising the right of collection.
(1) The partners are jointly entitled to manage the business of the partnership; for each transaction the approval of all partners is required.(1) A claim based on sections†861 or 862 is extinguished at the end of one year after the act of unlawful interference, unless the claim is asserted in a legal action before this date.(1) With a contract relating to a long-term holiday product, the form designated in Article 242 section†1 (2) of the Introductory Act to the Civil Code [EinfŁhrungsgesetz zum BŁrgerlichen Gesetzbuche] contains an instalment plan. The entrepreneur may not derogate from the payment methods designated therein. He may only demand or accept the annual instalment from the consumer due according to the form if he has previously requested the consumer in text form to pay this instalment. The payment request must be received by the consumer at least two weeks prior to the due date of the annual instalment.2.††has been encumbered in favour of a partnership or several purchasers with a right through the exercise of which the lessee is deprived of use in accordance with the contract.
(8) The right to demand extension of the lease under subsections†(1) to (7) may only be waived if the waiver is declared in settlement of a lease dispute heard in a court of law or by a professional lease conciliation board. An agreement that one party is to have particular advantages or particular disadvantages if the party exercises or does not exercise the rights under subsections†(1) to (7) is ineffective.(1) The payment service providers involved are entitled to execute a payment transaction exclusively on the basis of the unique identifier stated by the payment service user. If a payment order is executed in agreement with this unique identifier, it is deemed to have been properly executed with regard to the payee designated by the unique identifier.
Section†1310Jurisdiction of the registrar of births, deaths and marriages, curing defective marriagesFor each parent who does not have parental custody and with whom the child resides with the consent of the other parent or of another person with parental custody or on the basis of a court decision, section†1687 (1) sentences 4 and 5 and (2) apply with the necessary modifications.(2) The effectiveness of a declaration of intent is not affected if the person declaring dies or loses capacity to contract after making a declaration.(2) The recipient must only pay interest from the time when he learns that the result has not occurred or that the legal reason has ceased to exist; he is not obliged to make restitution of emoluments to the extent that he is no longer enriched at this time. dd) Ausnahmen (¬ß¬ß 549 Abs. 2, 573b BGB) Erleichterte K√ľndigung (¬ß 573a BGB) Widerspruchsrecht bei besonderer H√§rte (¬ß 574a BGB) Voraussetzungen; Belehrung; Aus√ľbung; Frist; Weitere Fortsetzung (¬ß 574c BGB) Besonderheiten bei Werkmietwohnungen (¬ß¬ß 576 ff BGB) Zwingender Charakter; K√ľndigungsfristen (¬ß¬ß 573c, 580a BGB) Unterscheidung.
A declaration by the person entitled made under sections†873, 875 or 877 does not become ineffective as a result of the person entitled being restricted in disposition after the declaration has a binding effect for him and the application for registration has been made to the Land Registry.(2) In the case of a contract, the parties must each provide a counterpart with an electronic signature as described in subsection†(1).
(1) A mortgage may be created in such a way that only the maximum amount to which the plot of land is to be liable is determined, and apart from this the stipulation of the claim is reserved. The maximum amount must be entered in the Land Register.(2) If a claim for an individual act of performance is not transferable, the right may not be alienated or encumbered.Section†1612b applies with the necessary modifications for regularly recurring child-related payments to the extent that they exclude the claim for child benefit.If, before the inheritance is accepted, a curator is appointed to manage the estate, the periods laid down in section†2014 and 2015 (1) commence on the date of the appointment.
(1) In comparison to a legal action by the obligee, assertion of the right of retention only has the effect that the obligor is to be ordered to render performance in return for receiving the performance owed to him (concurrent performance).(1) A person who is a party to a reciprocal contract may refuse his part of the performance until the other party renders consideration, unless he is obliged to perform in advance. If performance is to be made to more than one person, an individual person may be refused the part performance due to him until the complete consideration has been rendered. The provision of section†273 (3) does not apply.(3) The work is free of legal defects if third parties, with regard to the work, either cannot assert any rights against the customer or can assert only such rights as are taken over under the contract.A will of the principal contrary to the agency is disregarded if without the agency a duty of the principal whose fulfilment is in the public interest or a statutory maintenance duty of the principal would not have been fulfilled in good time.(2) If the father and the mother have named different persons, the naming by the parent who died later applies.
The effect of set-off is that the claims, to the extent that they correspond, are deemed to expire at the time when they are set against each other as being appropriate for set-off.(2) The provisions of this subtitle are also applicable to a contract on the issuance and use of electronic money.
(2) The inheritance devolves on the person who would be entitled if the person disclaiming had not been alive at the time of the devolution of the inheritance; the devolution is deemed to have taken place simultaneously with the devolution of the inheritance.(3) The management by the board is governed by the provisions on mandate in sections†664 to 670 with the necessary modifications.
(2) If a sham transaction hides another legal transaction, the provisions applicable to the hidden transaction apply.If the third party rejects the right under the contract towards the promisor, the right is deemed to not have been acquired.(1) The entries in the marriage property register are to be made at every local court [Amtsgericht] in whose district even only one of the spouses has his habitual residence.(2) The inventory must show the date on which the inventory was taken and bear the signature of the executor; upon demand, the executor must have his signature officially certified.
Return of the thing deposited must be made at the place where the thing was to be stored; the depositary is not obliged to take the thing to the depositor.Where the servient plot of land is divided, then, if the use of the easement is restricted to a particular part of the servient plot of land, the parts that lie outside the area of use are released from the easement.(1) If it has been determined on the basis of sections†574 to 574b by agreement or judicial decision that the lease is to be continued for a definite period of time, then the lessee may only demand its further continuation if this is justified by a material change in circumstances or if circumstances have not come about whose foreseen occurrence was decisive for the period of time the lease was to continue.(1) The lessor may not invoke an agreement by which the lessor is intended to be entitled to revoke the lease agreement after he has permitted the lessee to use the residential space.
The spouse who manages the marital property make take action for termination of the community of property if the marital property, as a result of obligations of the other spouse which fall on the latter as between the spouses, is over-indebted to such a degree that a later acquisition is substantially endangered.(1) The avoidance of the acceptance is deemed to be a disclaimer; the avoidance of the disclaimer is deemed to be an acceptance.2.††the man who declares in lieu of an oath that he had sexual intercourse with the mother of the child during the period of conception,(2) If performance is rendered to a third party for the purpose of performing the contract, the provisions of section†185 apply.
The entrepreneur must evaluate the credit worthiness of the consumer prior to conclusion of a contract on nongratuitous financing assistance. The basis for the evaluation may be information from the consumer and where necessary information from agencies which commercially collect, store or alter personal data which may be used to evaluate consumers’ credit worthiness for the purpose of transmission. The provisions to protect personal data remain unaffected thereby.(1) If the testator has made a gift with the intention of adversely affecting his contractual heir, the contractual heir may, after the inheritance has devolved upon him, demand from the recipient the return of the gift in accordance with the provisions relating to the return of unjust enrichment.
(2) If more than one obligee steps into the shoes of the original obligee as the result of transfer of the claim or by way of inheritance, the extra costs are charged to the obligees.If, when the circumstances giving rise to subsequent succession occur, the birth of a subsequent heir is expected, then the claim to maintenance of the mother is governed by the provision of section†1963 with the necessary modifications.
(1) When the inheritance is partitioned, the value of the gift that each co-heir has to have adjusted is counted towards the share of the inheritance of that co-heir. The value of all the gifts that are to be adjusted is added to the estate to the extent that the estate is due to the co-heirs among whom the adjustment takes place. Verwertungsk√ľndigung ¬ß¬ß 573, 573a, 573b BGB) ist daher ausgeschlossen. Die K√ľndigungsvoraussetzungen richten sich im √úbrigen nach den gesetzlichen Vorschriften und den vertraglichen Absprachen (siehe ¬ß¬ß 8, 17 - 22 dieses Vertrages). ¬ß 3 Miete. 1. Die Miete betr√§gt monatlich: Euro. in Worten: Euro The heir is entitled to refuse to discharge an obligation of the estate before the end of the first three months after the acceptance of the inheritance, but not past the date when the inventory is filed.and termination of the lease in conformity with the contract would be a hardship for the lessee or his family which would not be justifiable even if the justified interests of the lessor were taken into account. Subject to these requirements, continuation may be demanded repeatedly.The provisions of section†1441 nos. 2 and 3 do not apply if the obligations are part of the burdens of the separate property which are customarily paid from the income. Nor do the provisions apply if the obligations arise from the operation of a trade or business that is conducted for the account of the marital property or as the result of a right or of the possession of a thing that belongs to such a trade or business.
(2) If the spouses managed the marital property jointly during the period of community of property, each spouse is answerable to the other that the other spouse is not claimed on by the creditor for more than half of the obligation.(2) If the lessor terminates a lease whose continuation for an indefinite period of time has been established by judicial decision, then the lessee may object to the termination and demand from the lessor continuation of the lease for an indefinite period of time. If the circumstances that were decisive for continuation have changed, then the lessee may demand continuation of the lease only under section†574; trivial changes are disregarded.(1) The spouse of a parent with sole parental custody who is not a parent of the child has the power, in agreement with the parent with parental custody, to make joint decisions in matters of the everyday life of the child. Section†1629 (2) sentence 1 applies with the necessary modifications.(1) The legal relationship between the person entitled and the person obliged is governed by the provisions of sections†463 to 473. The right of preemption may also be exercised if the plot of land is sold by the administrator in insolvency proceedings by private agreement.(2) If a plot of land bequeathed is subject to a mortgage, land charge or annuity land charge to which the testator himself is entitled, it is to be inferred from the circumstances whether the mortgage, land charge or annuity land charge is to be deemed a bequeathed with the land.
(1) The earnest is, in case of doubt, to be credited against the performance owed by the giver of the earnest, or, where this cannot occur, is to be returned when the contract is performed.2.††contracts relating to the creation, acquisition or transfer of ownership of plots of land or other rights to same,(2) The obligation of the owner to reimburse outlays also extends to the expenses that were incurred before he obtained ownership.(2) A spouse may enter into a contract of inheritance, as testator, with his spouse, even if he has limited capacity to contract. In such a case, he requires the approval of his legal representative; if the legal representative is a guardian, the ratification of the family court is also required.(1) The cancellation of a right in a plot of land, except insofar as otherwise provided by law, requires a declaration by the person entitled that he surrenders the right, and the deletion of the right in the Land Register. The declaration must be made to the Land Registry or to the person for whose benefit it is made.
(2) If the surviving spouse does not become an heir and if he has no right to a legacy, he may demand equalisation of the accrued gains under the provisions of sections†1373 to 1383 and section†1390; the compulsory portion of the surviving spouse or of another person entitled to a compulsory portion is determined in this case with reference to the share of the inheritance on intestacy of the spouse before it is increased.(2) If it is doubtful whether a person is appointed substitute heir or subsequent heir, he is deemed to be a substitute heir.If the customer has given the third party security on account of possible defects of the work, sentence 1 applies only if the contractor gives the customer an appropriate security.(1) In the case of the passing or transfer of the usufruct, the acquirer, in place of the person previously entitled, enters into the rights and obligations associated with the usufruct in relation to the owner. If, in view of these rights and duties, agreements have been made between the owner and the person entitled, these also take effect in favour of and against the acquirer.(1) The liability of the seller for legal defects is limited to his having a right of succession, to it not being limited by the right of a subsequent heir or by the appointment of an executor, to there being no legacies, testamentary burdens, compulsory share burdens, duties to adjust advancements or directions†concerning the partitioning of the estate and for there being no unlimited liability towards all the creditors of the estate or individual creditors of the estate.On receipt of a payment authentication instrument, the payer is obliged to immediately take all reasonable precautions to protect the personalised security features against unauthorised access. He must promptly notify the payment service provider or an agency named by the latter of the loss, theft, abusive use or other unauthorised use of a payment authentication instrument after he has become aware thereof.