SEVENTH SECTION
PARTICULAR OBLIGATIONS
FIRST TITLE

Sale. Exchange

I. GENERAL PROVISIONs
§ 433. [Basic duties of the seller and the buyer]
(1) Bythecontractofsalethesellerofathingisboundtodeliverthethingtothe purchaser and to transfer ownership of the thing. The seller of a right is bound to transfer the right to the purchaser, and if the right entitles one to the possession of a thing to deliver the thing.
(2) The purchaser is bound to pay to the seller the purchase price agreed upon and to take delivery of the thing purchased.

§ 434. [Warranty against defects in titfe] The seller is bound to transfer to the purchaser the object sold free from rights enforceable by third parties against the pu rchaser.

§ 435. [Defects in title of pieces of land]
(1) The seller of a piece of land or of a right over a piece of land is bound to procure at his own expense the cancellation of non-existent rights entered in the Land Register, if they would, in case of their existence, injure the right to be transferred to the purchaser.
(2) The same applies to the rights entered in the ship register in the case of the sale of a registered ship or of a ship under construction or of a ship mortgage.

§ 436. [Public burdens on pieces of land] The seller of a piece of land does not warrant the land to be free from public taxes and other public burdens which are not appropriate for entry in the Land Register.

§ 437. (Warranty in case of purchase of a right]
(1) The seller of a claim or any other right warrants the legal existence of the claim or of the right.
(2) The seller of a security warrants that it has not been called in for cancellation.

§ 438. (Warranty of solvency] If the seller of a claim warrants the solvency of the debtor, the warranty shall, in case of doubt, refer only to solvency at the date of assignment.

§ 439. (Purchaser's knowledge of defects in title]
(1) The seller is not responsible for a defect in title, if the purchaser knows of the defect at the time of the sale.
(2) The seller shall extinguish any mortgages, land charge, annuity charge, ship mortgage or right of pledge with which the object sold is charged, even if the purchaser knows of their existence. The same applies to a recorded notation to secure the claim for registering one of these rights.

§ 440. [Rights of the purchaser]
(1) If the seller does not fulfill the obligations imposed upon him by §§ 433 to 437, 439, the rights of the purchaser are determined according to the provisions of §§ 320 to 327.
(2) I f a movable has been sold and delivered to the pu rchaser for the pu rpose of transfer of ownership, the purchaser may not demand compensation for nonperformance on account of the right of a third party involving the possession of the thing, unless he has delivered the thing to the third party in consideration of his right, or has returned it to the seller, or unless the thing has been destroyed.
(3) It is equivalent to delivery of the thing to the third party, if the third party becomes heir to the purchaser, or if the purchaser acquires the right of the third party in any other manner, or buys out the third party.
(4) If the purchaser has a claim for deliverv against another person, the assignment of the claim is sufficient in lieu of the return of the thing.

§ 441 . [Further rights of the purchaser] The provisions of § 440(2) to (4) apply even if a right in a movable involving the possession of the thing has been sold.

§ 442. [Burden of proof of defect in titleJ If a seller disputes a defect in title asserted by the purchaser, the purchaser must prove the defect.

§ 443. [Contractual exclusion of warranty] An agreement whereby the obligation of warranty of title imposed upon the seller by §§ 433 to 437, 439 to 442, is released or limited is void, if the seller fraudulently conceals the defect.

§ 444. [Duty to give information] The seller is bound to give to the purchaser all necessary information concerning the legal relationshi ps affecting the object sold, in particular, in the case of the sale of a piece of land, concerning the boundaries, privileges and burdens; and to deliver to him all documents serving as evidence of the right insofar as they are in his possession. If the contents of such a document relate also to other matters, the seller is bound to give only a publicly certified extract.

§ 451 . [Passing of risk of ownership and costs when a right is purchased] I f a right to a thing is sold, which involves the possession of the thing, the provisions of §§ 446 to 450 apply mutatis mutandis.

§ 452. [Interest on the cost price] The purchaser is bound to pay interest on the purchase price from the date at which the emoluments of the purchased object accrue to him, unless the purchase price is payable at a fixed time.

§ 453. [Market price] If the market price is specified as the pu rchase price, in case of doubt the normal market price at the place and time of performance is deemed to be the price agreed upon.

§ 454. [Exclusion of the right of rescission] If the seller has carried out the contract and has fixed a time for payment of the purchase price, he does not have the right of rescission specified in § 325(2) and § 326.

§ 455. [Retention of title] If the seller of a movable has retained title until payment of the pu rchase price, it is to be presumed, in case of doubt, that the transfer of title takes place subject to the condition precedent of payment in full of the purchase price, and that the seller is entitled to rescind the contract if the purchaser is in default with the payment.

§ 456. [Excluded buyers in case of compulsory execution] At a sale under compulsory execution the person charged with making or conducting the sale and the assistants employed bv him, including the registrar, are not permitted to purchase the object put up for sale, either for themselves personally or through another, or as representative of another.

§ 457. [Excluded buyers in cases of sale of pledged objects] The provision of § 456 applies also to a sale other than under compulsorv execution, if the authorization to sell has been given by virtue of a provision of law empowering the person giving the authorization to cause the object to be sold on account of another, in particular, in the cases of a sale of a pledged object and of a sale permitted by §§ 383, 385; and also to a sale by a trustee in bankruptry.

§ 458. [Purchase despite prohibition of purchase](1) The validity of a purchase made in contravention of the provisions of §§ 456, 457, and of the transfer of the purchased object, depends upon the consent of the persons interested in the sale as debtor, owner, or creditor. If the purchaser requires an interested party to declare whether or not he will ratify, the provisions of § 177(2) apply mutatis mutandis.
(2) If, in consequence of a refusal to ratify, a new sale is made, the former purchaser shall be responsible for the costs of the new sale and also for any deficiency.

WARRANTY AGAINST DEFECTS IN THE GOODS
§ 459. [Liability for defect of quality]
(1 ) The seller of a thing warrants the purchaser that, at the time when the risk passes to the purchaser, it is free from defects which diminish or destroy its value or fitness for its ordinary use, or the use provided for in the contract. An insignificant diminution in value or fitness is not taken into consideration.
(2) The Seller also warrants that, at the time the risk passes, the thing has the promised qualities.

§ 460. [Knowledge of the purchaser] A seller is not responsible for a defect in the thing sold if the purchaser knew of the defect at the time of entering into the contract. If a defect of the kind specified in ~ 459(1) has remained unknown to the purchaser in consequence of gross negligence, the seller is responsible only if he has fraudulently concealed it, unless he has guaranteed that the thing is free from defect.

§ 461 . [Sale of a pledge] A seller is not responsible for a defect in the thing sold if it is sold by public auction under the law of pledge and designated as a pledge.

§ 462. [Cancellation; reduction] On account of a defect for which the seller is responsible under the provisions of §§ 459, 460, the purchaser may demand annulment of the sale (cancellation), or reduction of the purchase price (reduction).

§ 463. [Compensation for non-performance] If a promised quality in the thing sold was absent at the time of the purchase, the purchaser may demand compensation for non-performance, instead of cancellation or reduction. The same applies if the seller has fraudulently concealed a defect.

§ 464. [Reservation on acceptance] If the purchaser accepts a defedive thing although he knows of the defect, he is entitled to the claims specified in §§ 462, 463, only if on acceptance he reserves his rights on account of the defed.

§ 465. [Execution of cancellation or reduction] Cancellation or reduction is effected if the seller, on demand by the purchaser, declares his consent thereto.

§ 466. [Expiration of period for cancellation] If the purchaser asserts against the seller a defect of quality, the seller may offer cancellation and require him to declare within a fixed reasonable period whether he demands cancellation. In such a case cancellation may be demanded only before the expiration of the period.

§ 467. [Execution of cancellation] The provisions of §~ 346 to 348, 350 to 354, 356, applicable to the contractual right of rescission apply muiatis mufandis to cancellation; in the case provided for by g 352, however cancellation is permitted if the defect has not been discovered until the remodelling of the thing. The seller shall also reimburse the purchaser for the expenses of the contract.

§ 468. [Warrantyofthesizeofpieceofland]Ifthesellerofapieceoflandpromises the purchasercertain specified dimensions, he is responsiblefor the dimensions as for a promised quality. The purchaser may, however· demand cancellation on account of the absence of the promised dimensions only if the deficiency is so considerable that the fulfillment of the contract is of no interest to him.

BOOK 2 § 535-540
THIRD TITLE
Lease. Usufructuary Lease

LEASE

§ 535. [Essence of the contract of lease] By a contract of lease the lessor is bound to give to the lessee the use of the leased thing du ring the term of the lease. The lessee is bound to pay to the lessor the rent agreed upon.

§ 536. [Duties of the lessor]The lessor shall hand over the leased thing to the lessee in a condition appropriate for the use stipu lated, and shall keep it in such condition during the term of the lease.

§ 537. [Defects in the leased thing]
(1) If the leased thing is, at the time of handing over to the lessee, affected with a defect which destroys or diminishes its fitness for the stipulated use, or if such a defect arises during the term of the lease, the lessee is released from payment of the rent for the time du ri ng which its fitness is destroyed; for the time duringwhich its fitness is diminished he is bound to pay only a part of the rent to be calculated according to §§ 4~, 473. An insignificant diminution in fitness is not taken into consideration.
(2) Sent. (1) also applies if a warranted quality is absent or disappears subsequently. In the letting of a piece of land the warranty of specified dimensions is equivalent to the warranty of a quality.
(3) I n the case of a lease of living accommodation, an agreement varying this to the prejudice of the lessee, is ineffective.

§ 538. [Lessor's duty to compe~uate]
(1) If a defect of the kind specified in § 537 exists at the time of entering into the contract, or if such a defect arises subsequently in consequence of a circumstance for which the lessor is responsible, or if the lessor is in default in respect of the removal of a defect, the lessee may demand compensation for the nonfulfillment, without prejudice to the rights specified in § 537.
(2) If the lessor is in default the lessee may himself remove the defect and demand compensation for any necessary outlays.

§ 539. [Lessee's knowledge of defect] If the lessee knew of the defect of the leased thing at the time of entering into the contrad, the rights specified in §§ 537, 538 do not belong to him. If a defect of the kind specified in § 537(1) remains unknown to the lessee in consequence of gross negligence, or if he accepts a defective thing although he knows of the defect, he may enforce these rights only under the conditions under which warranty is given to the purchaser of a defective thing as provided in §§ 460, 464.

§ 540. [Contractual exclusion of warranty] An agreement, whereby the obligation of the lessor as to responsibility for defects of title or quality in the leased thing is released or limited, is void if the lessor fraudulently conceals the defect.
The notice also 6ecomes ineffective if up to the moment of expiration of one month after the pendency of the claim for eviction on the grounds of the rent due and the compensation due under § SSi(1), sent. 2, the lessor is paid, or an official agency takes the payment upon itself. This does not apply if less than two years before the notice it was preceded by a notice ineffective under sent. 1.
An agreement varying this, to the prejudice of the lessee, is ineffective.

§ 554a. [Irnmediate notice where continuation of lease cannot be expected] A lease of accommodation can be terminated without observance of the term of notice if one party wilfully breaches his obligations in such a way, in particular, constantly disturbing the peace of the dwelling, that it cannot be expected of the other party to continue the lease. An agreement to the contrary is void.

§ 554b. [Agreementaboutimmediatenotice]Anagreement,underwhichthelessor of living accommodation has the right to give notice without observance of a term of notice, on other grounds than those enumerated in the law, is ineffective.

§ 556. [Return of leased thing]
(1) The lessee is bound to return the leased thing after the termination of the lease.
(2) The lessee of a piece of land has no right of lien on account of his claims against the lessor.
(3) If the lessee has transferred the use of the thing to a third party, the lessor may, after the termination of the lease, demand the return of the thing even from the third party.

§ 556a. (Lessee's opposition to notice]
(1) The lessee can oppose the giving of notice of termination of a lease of living accommodation, and demand from the lessor the continuation of the lease, if the contractual termination of the lease would mean a hardship for the lessee or his family, which would be unjustified even in the light of the legitimate interests of the lessor. A hardship also exists if adequate alternative accommodation cannot be given under acceptable conditions. In evaluating the lessor's legitimate interests only those grounds stated in the written notice under

§ 564a(1) sent. 2 may be taken into consideration, unless the grounds have ar9sen thereafter.
(2) In the event of (1) the lessee can demand that the lease be continued for as long as is appropriate, taking all circumstances into consideration. If the lessee cannot be expected to continue the lease under the currently applicable contractual conditions, the lessee may demand only that the lease be continued under an appropriate alteration of the conditions.
(3) If no agreement is possible, a judgment will provide for the continuation of the lease and its du ration, as well as the terms under which it will be continued. If it is uncertain at what time the circumstances, on the ground of which the termination of the lease can be considered a hardship for the lessee or his family, will disappear, it can be stipulated that the lease will be continued for an unlimited period.


FIFTH TITLE

Loan

§ 607. [Essence of loanJ
(1) A person who has received money or other fungibles as a loan is bound to return to the lender what he has received in things of the same kind, quality and q uantity.
(2) A person who owes money or other fungibles for any other reason may agree with the creditor that the money or the things shall be owed as a loan.

§ 608. (Duedateof interest] If interest is stipulated for on a loan it is payable, unless otherwise provided, at the end of each year, and, if the.loan is to be repaid before the end of a year, at the time of repayment.

§ 609. [Notice]
(1) If the time for repaymentof a loan is not fixed, its maturitydepends upon the giving of notice by the creditor or the debtor.
(2) The term of notice is three months in the case of loans of more than three hundred Deutsch marks; one month, in the case of loans of lesser amount.
(3) If interest is not stipulated for, the debtor is entitled to make repayment even without notice.

§ 610. [Promise of loan] A person who promises to make a loan may, in case of doubt, revoke the promise if a serious worsening in the financial circumstances of the other party comes about whereby the claim for repayment is endangered.

SIXTH TITLE
Contract of Service

§ 611. [Essence of contract of service]
(1) By the contract for service, the person who promises service is bound to perform the service promised, and the other party is bound to pay ihe remuneration agreed upon.
(2) Service of any kind may be the object of the contract for service.BOOK 2: § 631-634

SEVENTH TITLE.
Contract for Work

§ 631. [Essence of contract for work]
(1) By a contract for work the contractor is bound to produce the work promised, and the customer is bound to pay the remuneration agreed upon.
(2) The object of the contract for work may be either the production or alteration of a thing, or any other result to be brought about by labor or performance of service.

§ 632. [Remuneration]
(1) Remuneration is deemed to have been tacitly agreed upon if, under the circumstances, the production of the work is to be expected only for remuneration.
(2) If the amount of the remuneration is not specified, and if there is a tariff, the tariff rate of remuneration, or, in the absence ot a taritf, the normal remuneration, is deemed to have been agreed upon.

§ 633. [Contractor's duty of warranty; removal of defectsj
(1) The contractor is bound so to produce the work that is has the promised qualities and is not affected with defects which destroy or diminish its value or fitness for its ordinary or stipulated use.
(2) If the work is not of such quality, the customer may demand the removal of the defect. The contractor is entitled to refuse such removal if it requires disproportionate oütlay.
(3) If the contractor is in default in respect of the removal of the defect, the customer may himself remove the defect and claim compensation for the necessary outlays.

§ 634. LFixing a period with threat of refusal; cancellation; redudion]
(1) The customer may allot to the contractor a reasonable period for the removal of a defect of the kind specified in § 633 with a declaration that he will refuse the removal of the defect affer the expiration of the period. If a defect has already appeared before the delivery of the work, the customer may fix the period forthwith; the period must be so calculated that it does not expire before the period fixed for delivery. After the expiration of the period the customer may demand the annulment of the contract (cancellation), or reduction of the remuneration (reduction), unless the defect has been removed in due time; the claim for removal of the defect is barred.
(2) The fixing of a period is not necessary if the removal of the defect is impossible, or is refused by the contractor, or if the immediate enforcement of the claim for cancellation or reduction is justified by a special i nterest of the customer.
(3) Cancellation is barred if the defect diminishes only insignificantly the value or fitness of the work.
(4) The provisions of §§465 to 467, 469 to 475 applicable to sale apply mutatis

§ 635. [Compensation for non-fulfillment]
(1) Ifthedefectintheworkiscausedbyacircumstanceforwhichthecontractor is responsible, the customer may demand compensation for non-fulfillment, instead of cancellation or reduction.

§ 636, [Late Production]
(1) If the work is wholly or in part not produced in due time, the provisions of §634, (1) to (3), applicable to cancellation, apply mutatis mutandis; the right of the customer to rescind the contract under §327 takes the place of the claim for cancellation. The rights of the customer in the case of the default of the contractor remain unaffected.
(2) If the contractor contests the perrnissibility of the declared rescission on the ground that he has produced the work in due time, the burden of proof is upon him.

§ 637. [Contractual exclusion of liability] An agreement, whereby the obligation of the contractor as to responsibility for a defect in the work is released or limited, is void if the contractor fraudulently conceals the defed.

§ 638. [Short Prescription]
(1) The claim of the customer for removal of a defect in the work and his claims for cancellation, reduction, or compensation on account of the defect are barred by prescription, in six months, unless the contractor has fraudulently concealed the defeci; in the case of work on land, in one year; in the case of work on buildings, in five years. The prescription begins to run from the acceptance of the work.
(2) The period of prescription may be extended by contract.

§ 639. [Interruption and suspension of prescription]
(1) The provisions of §477 , (2), (3) and §§478, 479, applicable to the prescription of claims of a purchaser, applymutatis mutandis to the prescription of the claims of the customer specified in §638.
(2) If the contractor, by agreementwith the customer, undertakes an investigation into the existence of the detect or of the removal of the defect, the prescription is suspended until the contractor informs the cüstomer of the result of the investigation, or declares to him that the defect is removed, or refuses to effect the removal.

§ 640. [Customer's duty of acceptance]
(1) The customer is bound to accept thework completed according to contract, unless this is impossible by reason of the nature of the work.
(2) If the customer accepts a defective work, although he knows of the defect, the clai ms specified in §§633, 634 belong to him only if at the time of acceptance he reserves his rights on account of the defed.

§ 641. [Due date of remuneration]
(1) The remuneration is payable at the time of acceptance of the work. If the work is to be accepted in parts and the remuneration has been specified for the several paris, the remuneration for each part is payable at the time of its acceptance.
(2) Remuneration specified in money bears interest from time of acceptance of the work, unless a future time is fixed for its payment.

ELEVENTH TITLE
Management without mandate

§ 677. [Duties of manager] A person who takes care of some matter for another without having received a mandate from him or being otherwise entitled to do so in , respect of him, shall manage the affair in such manner as the interest of the principal requires, having regard to his actual or presumptive wishes.

§ 678. [Management agairut wish of principal] If the undertaking of the management of the matter is opposed to the actual or presumptive wishes of the principal, and if the manager must have recognised this, he is bound to compensate the principa) for any damage arising from his management of the affair, even if no fault is otherwise imputable to him.

§ 679. [Disregard of theopposirvg wish of pri~ipal] The fact that the management of the matter is opposed to the wishes of the principal is not taken into consideration if, without the management of the affair, a duty of the principal, the fulfilment of which is of public interest, or a statutory duty to furnish maintenance to others by the principal, would not be fulfilled in due time.

§ 680. [Management to avert danger] If the management of the matter has for its object the averting of an imminent danger which threatens the principal, the agent is responsible only for wilful conduct and gross negligence.

§ 681. [Accessory dutiesof manager] The agent shall notifythe principal, as soon as practicable, of the undertaking of the management of the matter, and await his decision, unless there is danger in delay. For the rest the provisions of §§ 666 to 668, applicable to a mandatary, apply mutatis mutandis to the obligations of the manager.

TWENTY-THIRD TITLE
Production of Things

§ 809. [Inspection of thing] A person who has a claim against the possessor of a thing in respect of the thing, orwishes to ascertain whether he is entitled to such a claim, may, if the inspection of the thing is of interest to him forthis reason, require the possessor to produce the thing for his inspection or to permit the inspection.

§ 810. [Inspection of documents] A person who has a legal interest in the examination of a document in the possession of another may demand from the possessor permission to examine it, if the document is made in his interest, or if in the document a legal relationship existing between himself and another is recorded, or if the document contains the negotiations of any legal transaction which have been carried on between him and another person. or between one of them and a common intermediary.

§ 811. [Place of production; risk; costs]
(1 ) In the cases provided for by §§ 809, 810 the production shall be made in the place where the thing to be produced is situated. Either party may require production in some other place if a serious cause exists.
(2) The risk and the costs shall be borne by the person asking for the production. The possessor may refuse production until the other party advances to him the costs and gives security against the risk.

TWENTY-FOURTH TITLE
Unjust Enrichment

§ 812. [Principle]
(1) A person who, through an act performed by another, or in any other manner, acquires something at the expense of the latterwithout any legal ground, is bound to return it tn him~ This o6lisation suhsistc PvPn if the leeal ernundBOOK 2: § 813-818 subsequently disappears or the result intended to be produced by an act to be performed pursuant to the legal transaction is not produced.
(2) Recognition of the existence or non-existence of a debt, if made under a contract, is also deemed to be an act of performance.

§ 813. [Fulfilment despite defense]
(1) What was done with the object of fulfilling an obligation may be demanded back even if there was a defense to the claim whereby the enforcement of the claim was permanently barred. The provision of 222 (2) remains unaffected.
(2) If an obligation due on a certain date is fulfilled in advance, the right to demand return is barred; the discounting of interim interest may not be demanded.

§ 814. [Knowledge of debt not owed; moral duty and duty of common decency] What was done with the object of fulfilling an obligation may not be demanded back if the person performing knew that he was not bound to effect the performance, or if the performance was in compliance with a moral duty, or for the sake of commorr decency.

§ 815. [Non-occurrence of result]Therighttodemandreturnonthegroundsofthe non-occurrence of the result intended to be produced bywhatwas done, is barred, if the production of the result was impossible from the beginning, and the person performing knew this, or if he has prevented the occurrence of the result in bad faith.

§ 816. [Disposition by person without title]
(1) If a person without title to an objed makes a disposition of it which is binding upon the person having title he is bound to hand over to the latter what he has obtained by the disposition. If the disposition is made gratuitously the same obligation is imposed upon the person who acquires a legal advantage directly through the disposition.
(2) If an act of performance is done for the benefit of a person not entitled thereto, which is effective against the person entitled, the former is bound to hand over to the latter the value of such performance.

§ 817. [Violation of law or public policy] If the purpose of an act of performance was specified in such a manner that its acceptance by the recipient constitutes an infringement of a statutory prohibition or is contrary to public poliry, the recipient is bound to make restitution. The claim for return is barred if the person performing has committed a similar infringement, unless the performance consisted in entering into an obligation; what has been given for the performance of such an obligation may not be demanded back.

§ 818. [Extent of claim of enrichment]
(1) The obligation to return extends to emoluments derived, and to whatever the recipient acquires either by virtue of a right obtained by him or as compensation for the destruction, damage or deprivation of the object obtained.
(2) If the return is impossible on account of the nature of the object obtained, or if the recipient for any other reason is not in a position to make the return, he shall make good the value.
(3) The obligation to return or to make good the value is excluded where the recipient is no longer enriched.BOOK 2: § 819
(4) After the date an action is pending the recipient is liable under the general provisions.

§ 819. [Increased liability in case of bad faith and infringement of law or public policy] (1) If the recipient knows of the absence of a legal ground at the time of the receipt, or if he subsequently learns of it, he is bound to return from the time of receipt or of acquisition of the knowledge as if an action on the daim tor return were pending at that time.
(2) If the recipient, by the acceptance of an act of periormance, infringes a statutory prohibition or acts contrary to public policy, he is bound in the same manner after the receipt of the performance.

§ 820. [Increased liability in case of uncertainty of production of result]
(1) If a result was intended to be produced by an act of performance, and if the production of such a result was, according to the contents of the legal transaction, regarded as doubtful, the recipient is, where the result is not produced, bound to retum in the same manner as if an action were pending on the right to demand return at the time of the receipt. The same applies if the performance was made on a legal ground whose disappearance was regarded as possible according to the contents of the legal transaction, and the legal ground disappears.
(2) The recipient is bound to pay interest only from the time at which he learns thatthe result has not been produced, orthat the legal ground has disappeared; for the return of emoluments he is nof bound insofaras he is no longer enriched atthat time.

§ 821. [Claim of enrichment] A person who incurs an obligation without legal ground may refuse performance, even if the claim for release from the obligation has been barred 6y prescription.

§ 822. [Third party's duty to return] If the recipient transfers the thing acquired gratuitously to a third party, and if in consequence of this the obligation of the recipient for return of the enrichment is excluded, the third party is bound to return the enrichment as if he had received it from the creditor without legal ground.

TWENTY-FIFTH TITLE
Delicts (Tort)

§ 823. [Duty to compensate for damage]
(1) A person who, wilfully or negligently, unlawfully injures the life, body, health, freedom, propertyorother rightof another is boundto compensate him for any damage arising therefrom.
(2) The same obligation is placed upon a person who infringes a statute intended forthe protection of others. If, accordingto the provisionsof the statute, an infringement of this is possible even without fault, the dWy to make compensation arises only in the event of fault.

§ 824. [Endangering credit]
(1) A person who declares or publishes, contrary to the truth, a statement which is likely to endanger the credit of another, or to injure his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, but should know of it.
(2) A person who makes a communication, the untruth of which is unknown to him, does not thereby render himselt liable to make compensation, if he or the receiver of the communication has a lawfiul interest in it.

§ 825. [Inducement to cohabit] A person who by cunning, by threats, or by the abuse of a relationship of dependence, induces a woman to permit extra-marital cohabitation, is bound to compensate her for any damage arising therefrom.

§ 826. [Wilful damage contrary to public policy] A person who wilfully causes damage to another in a manner contrary to public poliry is bound to compensate the other for the damage.

§ 827. [Exclusion and lessening of responsibility] A person who causes damage to another person when the former is unconscious or when he is suffering from a mental disturbance preventing the free exercise of his will, is not responsible for the damage. If he has brought himself into a temporarv condition of this kind by alcoholic drinks or similar means, he is responsible forany damage which he in this condition unlawfully causes in the same manner as if negligence were imputable to him; the responsibility does not arise if he has been brought into this condition without fault.

§ 828. (Minors: deaf mutes]
(1) , A person who has not completed his seventh year of age is not responsible for any damage which he causes to another.
(2) A person who has completed his seventh but not his eighteenth year of age is not responsible for any damage which he causes to another, if he, at the time of committing the damaging act, did not have the understanding necessary for realising his responsibility. The same applies to a deaf mute.

§ 829. [Duty to compensate for equitable reasons] A person who in one of the cases specified in §§ 823 to 826, is not responsible, byvirtue of §§ 827, 828, for any damage caused by him, shall, nevertheless, where compensation cannot be obtained from a third party charged with the duty of supervision, make compensation for the damage as is reasonable under the circumstances; in particular where, according to the relative positions of the parties, equity requires compensation, and he is not deprived of the means which he needs for his own reasonable maintenance and for the fulfilment of the obligations imposed upon him by law to furnish maintenance to others.

§ 830. [Accomplices and participants]
(1) If several persons through a jointly committed delict have caused damage, each is responsible for the damage. The same applies if it cannot be discovered which of several participants has caused the damage through his action.
(2) Instigators and accomplices are in the same position as joint actors.

§ 831. [Liability for employees]
(1 ) A person who employs another to do any work is bound to compensate for any damage which the other unlawfully causes to a third party in the performance of his work. The duty to compensate does not arise if the employer has exercised necessary care in the selection of the employee; and, where he has to supply apparatus or equipment or to supervise the work, has also exercised ordinary care as regards such supply or supervision, or if the damagewould have arisen notwithstanding the exercise of such care.
(2) The same responsibility attaches to a person who, by contract with the employer, undertakes to take charge of any of the matters specified in (1), sent. 2.

§ 832. [Liability of persons exercising duty of supervision]
(1) A person who is bound by law to exercise supervision over a person who needs supervision by reason of minority, or by reason of his mental or physical condition, is bound to make compensation for any damage which the latter unlawfully causes to a third party. The duty to make compensation does not arise if he fulfils his duty of supervision, or if the damage would have occurred notwithstanding the exercise of proper supervision.
(2) The same responsibility attaches to a person who undertakes the supervision by contract.

§ 833. [liability of animal keepers] If a person is killed, or the body or health of a person is injured, or a thing is damaged, by an animal, the person who keeps the animal is bound to compensate the injured party for any damage arising therefrom. The duty to make compensation does not arise if the damage is caused by a domestic animal which aids the business, the earnings or the prosperity of the keeper of the animal, and if the keeper of the animal has either exercised necessary care in supervising the animal or if the damage would have occurred notwithstanding the exercise of such care.

§ 834. [Liability of animal supervisors} A person who undertakes to supervise an ani mal under a contract with the keeper of the animal is responsible for any damage which the animal causes to a third party in the manner specified in § 833. The responsibility does not arise if he has exercised necessary care in the supervision, or if the damage wöuld have occurred notwithstanding the exercise of such care.

§ 835. [Repealed].

§ 836. [liability for collapse of building]
(1 ) If, bythe collapse of a building or other structure attached to a piece of land, or by the detachment of parts of the building or structure, a person is killed, or the body or health of a person is injured, or a thing is damaged, and if the collapse or the detachment was caused by defective construction or inadequate maintenance, the possessor of the land is bound to compensate the injured party for any damage
arising therefrom. The duty to make compensation does not arise if the possessor has exercised necessary care for the purpose of averting the danger.
(2) A former possessor of the land is responsible for the damage, if the collapse or the detachment occurs within one year after the termination of his possession, unless during his possession he exercised necessary care, or unless a subsequent possessor could have averted the danger by the exercise of such care.
(3) The possessor within the meaning of these provisions is the proprietary possessor.

§ 837. [Liability of possessor of building] If a person in the exercise of a right possesses a building or other structure on the land of another, the responsibility specified in § 836 attaches to him instead of to the possessor of the land.

§ 838. [Liability of person with duty to maintain building] A person who undertakes for the possessor the maintenance of a building or a structure attached to land, or who has to maintain the building or the structure by virtue of a right of use belonging to him, is responsible in the same manner as the possessor for any damage caused by the collapse or the detachment of parts.

§ 839. [Liability for breach of official duty]
(1) If an official wilfully or negligently commits a breach of official duty incumbent upon him as against a third party, he shall compensate the third party for any damage arising therefrom. If only negligence is imputable to the official, he may be held liable only if the injured party is unable to obtain compensation elsewhere.
(2) If an official commits a breach of his official duty in giving judgment in an action, he is not responsible foranydamage arising therefrom, unless the breach of duty is punished with a public penalty to be enforced by criminal proceedings. This provision does not apply to a breach of duty consisting of refusal or delay in the exercise of the office.
(3) The duty to make compensation does not arise if the injured party has wilfully or negligently omitted to avert the injury by making use of a legal remedy.

§ 840. [Liability of several persons]
(1) If several persons are jointly responsible for the damage arising from a delict, they are liable as joint debtors.
(2) If a person is liable under §§ 831, 832 to make compensation for the damage caused by another, such other is also liable; as between themselves, only the latter is liable, or =n the case provided for by § 829, only the person who has the duty of supervision.
(3) If a person is liable under §§ 833 to 838 to make compensation for any damage forwhich a third party is also liable, as between themselves only such thi~ d party is liable. '

§ 841. [Division of official liability] If an official who, by virtue of his official duty, has to appoint another to conduct a matter for a third party, or has to supervise the conduct of such matter, or by his rätification of legal transactions has to concur in them, is, where he commits any breach of duty, liable jointly with such other person for any damage caused by the latter, then as between themselves only the latter is liable.

§ 842. [Extent of obligation to compensate in case of injury to person] The obligation to make compensation foranydamageon account of a delict committed againstthe person extendsto thedetrimentwhich theactoccasionsto his earningsorprosperity.

§ 843. [Money annuity or lump sum]
(~) If,inconsequenceofinjurytothebodyorhealth,theearningcapacityofthe injured party is destroyed or impaired, or there is an increase in his needs, compensation shall be made to the injured party by payment of a money annuity.
(2) The provisions of § 760 apply to the annuity. Whether, in what manner, and to what amount, the person bound to make compensation has to give security is determined according to the circumstances.
(3) Instead of the annuity the injured party may demand a settlement in a lump sum, if a serious cause exists.
(4) The claim is not barred by the fact that another person has to furnish maintenance to the injured party.

§ 844. [Third party claims in case of death]
(1) In the case of causing death, the person bound to make compensation shall make good the funeral expenses to the person on whom the obligation of bearing such expenses lies.
(2) Ifthedeceasedatthetimeoftheinjurystoodinarelationshiptoathirdparty byvirtue of which hewas or might be bound by law to furnish maintenance to such third party, and if in consequence of the death such third party is deprived of the right to claim maintenance, the person bound to make compensation shall compensate the third party by the payment of a monev annuity, insofar as the deceased would have been bound to furnish maintenance during the presumable duration of his life; the provisions of § 843 (2) to (4) apply mutatis mutandis. The obligation to make compensation arises even if at the time of the injury the third party was conceived but not yet born.

§ 845. [Compensation for loss of service] In the case of causing death, or of causing inj ury to the body or health of another, or in the case of deprivation of liberty, if the injured party was bound by law to perform service in favor of a third party in his household or business, the person bound to make compensation shall compensate the third party for the loss of service by the payment of a money annuity. The provisions of § 843 (2) to (4) apply muiatis mutandis.

§ 846. [Contributory liability of th~e injured personJ If, in the cases provided for by §§ 844, 845 some fault of the injured party has contributed in causing the damage which the third party has sustained, the provisions of § 254 applyto the claim of the third party.

§ 847. [Money for pain]
(1) In the case of injury to the body or health, or in the case of deprivation of liberty, the injured party may also demand fair compensation in money for nonpecuniary damage. The claim is not transferable, and does not pass to the heirs, unless it has been acknowledged by contract, or an action on it has been commenced.
(2) A similar claim belongs to a woman against whom an immoral crime or
offence is committed, or who is induced by cunning or by threats, or by the abuse of a relationship of dependence to permit extra-marital cohabitation.

§ 848. [Liability for accident in event of deprivation of a thing] A person who is bound to return a thing of which he has deprived another by delict is also responsible for the accidental destruction of the thing, or for accidental impossibility of returning it arising from any other cause, or for its accidental deterioration, unless the destruction, or the impossibility of returning it, or the deterioration, would have come about even if the deprivation had not taken place.

§ 849. [Interest on compensation money] If on account of the taking of a thing its value, or, on account of damage to a thing, its diminution in value, is to be made good, the injured party may demand interest on the amount to be made good from the time which serves as the basis for the estimate of the value.

§ 850. [Compensation for outlays] If a person bound to return a thing taken by him incurs any outlays on the thing, he has the rights against the injured party which a possessor has against an owner on account of outlays.

§ 851. [Making compensation to non-entitled person] If a person bound to make compensation for any damage on account of the taking or damaging of a movable compensates the person in whose possession thethingwas atthe time of the taking or damage, he is discharged by so doing even if a third party was owner of the thing, or had some other right in the thing, unless the right of the third party is known to him, or not known to him by reason of gross negligence.

§ 852. [Prescription]
(1 ) The claim for compensation for any damage arisingfrom a delict is barred by prescription in three years from the time at which the injured party has knowledge of the injury and of the identity of the person bound to make compensation, and without regard to such knowledge, in thirty years from the doing of the act.
(2) If the person bound to make compensation has acquired anything by the delict at the expense of the injured party, he is, even after the running of the period of prescription, bound to return it under the provisions relating to the return of unjust enrichment.

§ 853. [Defense of bad faith] If a person acquires, by a delict committed by him, a claim against the injured party, the latter may refuse satisfaction even if the claim for avoidance of the claim is barred by prescription.

FIRST SECTION
POSSESSION

§ 854. [Acquisition of possession]
(1) Possession of a thing is acquired by obtaining actual power of control over the thing.
(2) Agreement between the most recent possessor and acquirer is sufficient for the acquisition, if the acquirer is capable of exercising power of control over the thing.

§ 855. [Possessory servant] If a person exercises actual power of control over a thing for another in the latter's household or 6usiness, or in a similar relationship by virtue of which he has to comply with the instructions of the other concerning the thing, only such other person is the possessor.

§ 856. [End of possession]
(1) Possession is ended by the possessor's relinquishing the actual power of control over the thing or by his losing it in some other manner.
(2l Possession is not ended by an impediment of a temporary nature to the exercise of control.

§ 857. [Inheritability] Possession passes to the heirs. § 858. [Unlawful interference]
(1 ) A person who against the will of the possessor deprives him of possession or interteres with his possession, acts unlawfully, unless the law permits the taking or interference (unlawful interterence).
(2) Possession obtained by unlawful interference is defective. The successor in possession must admit the defect against himself, if he is the heir of the possessor, or is aware at the time of the acquisition of the defect in the possession of his predecessor.

§ 859. [Self-help by the possessor]
(1 ) The possessor is entitled to use force in defending himseif against unlawful interference.
(2) If movable property is taken from the possessor by an unlawful interference, he may retake it by force from a perpetrator caught in the aa or in pursuit. (3) If the possessor of a piece of land is deprived of possession by an unlawful
interference, he may, immediately after having been dispossessed, recover possession by expelling the perpetrator.
(4) The possessor is entitled to the same rights against a person who under § 852f2) must admit the defectiveness of possession against himself.

§ 860. [Self-help by possessory servant] The person who under § 855 exercises the actual power of control for the possessor is also the person entitled to exercise the right belonging to the possessor under § 859.
143BOOK 3: § 861-868

§ 861. [Ctaim on account of deprivation of possession]
(1) If the possessor is deprived of possession by an unlawful interference, he may demand the restitution of possession from the person whose possession is defective relative to him.
(2) The claim is excluded, if the possession taken awaywas defective relative to the present possessor or his legal predecessor and was obtained within the year preceding the deprivation.

§ 862. [Claim on account of interference with possession]
(1) If the possessor is disturbed in possession by unlawful interference, he may demandfromthedisturberthecessationofthedisturbance.lffurtherdisturbances are apprehended, the possessor may seek an injunction.
(2) The claim is excluded, if the possession of the possessor is defective relative to the disturber of his legal predecessor and the possession has been obtained within the year preceding the disturbance.

§ 863. [Defenses of the taker or distur6er] A right to the possession or to the carrying out of the act of interference may be asserted against the claims setforth in §§ 861, 862 only in support of the contention that the disturbance of the possession is not an unlawful interference.

§ 864. [Extinction of claim for possession]
(1) A claim based on the provisions of §§ 861, 862 is extinguished upon the expi ration of the year fol lowing the occurrence of the unlawful interference, unless the claim is previously enforced in legal proceedings.
(2) The extinction also occurs if, after the carrying out of the unlawful interference, it is determined by final judgment that the perpetrator has a right to the thing by reason of which he may demand the establishment of a possessory status which is in accordance with his manner of acting.

§ 865. [Partial possession] The provisions of §§ 858 to 864 operate also for the benefit of a person who is in possession of a part of a thing, in particular of living accommodation or other premises.

§ 866. [Joint possession] If several persons are in joint possession of a thing, there is in their relationship with each other no protection of possession, in so far as it concerns the limits of the use to which each individual is entitled.

§ 867. [Right of pursuit of the possessor] If a thing has passed out of the power of control of the possessor on to a piece of land in the possession of another, the owner of the land shall permit him to search for and remove it, in so far as the thing has not been taken into possession in the meantime. The possessor of the plot of land is entitled to demand compensation for the damage caused by the search and removal. He may, if there is apprehension that damage may ensue, withhold permission until security is given him; refusal is not permitted if there is danger in delay.

§ 868. [Indirect possession] If a person possesses a thing as usufructuary, pledgee, usufructuary lessee, lessee, depositary or in a similar relationship, by virtue of which he is as against another, entitled orobliged for a time to have possession, the other person is also a possessor (indirect possession).

§ 869. [Rights of indirect possessor] If unlawful interference is used against the possessor, the rights set forth in §§ 861 862 belong also to the indirect possessor. In case of deprivation of the possession, the indirect possessor is entitled to demand the restitution of possession to the most recent possessor; if the latter cannot or will not resume the possession, the indirect possessor is entitled to demand that the possession be yielded to him. Provided that the conditions are the same, he may in a case falling under § 867 demand that he be allowed to search for and remove the thing.

§ 870. [Transfer of indirect possession] Indirect possession may be transferred to another by assigning to him the right to claim delivery of the thing.

§ 871. [Multiple indirect possession] If an indirect possessor stands in a relation to a third person in the manner set forth in § 868 such third person is also an indirect possessor.
§ 872. [Proprietarypossession]Apersonwhopossessesathingasbelongingtohim is proprietary possessor.

SECOND SECTION
GENERAL PROVISIONS REGARDING RIGHTS OVER LAND

§ 873. [Acquisition by way of agreement and registration]
(1) The conveyance of the ownership in a piece of land, the encumbrance of a piece of land with a right, as well as the transfer or encumbrance of such a right requires, to the extent that the law does not otherwise provide, the agreement of the person entitled and of the other party with regard to the occurrence of the change of title and the registration of the change of title in the Land Register.
(2) The parties are bound by the agreement before the registration only if the declarations have been notarially authenticated or given before the Land Registry Office or filed with the same, or unless the person entitled has handed over to the other party an authorization for registration in accordance with the provisions of the Land Registration Law. .

§ 874. [Reference to authorization for registration] At the registration of a right by which a piece of land is encumbered reference may be made to the authorization for registration for a more detailed description of the contents of the right, in so far as the law does not provide otherwise.

§ 875. [Cancellation of a right]
(1 ) The cancellation of a right over a piece of land requires, in so far as the law does not otherwise provide, the declaration of the holder of the right, that he relinquishes the right and the cancellation of the right in the Land Register. The declaration is to be given to the Land Registry Office, or to the person for whose benefit it is made.

THIRD SECTION
OWNERSHIP
FIRST TITLE

Substance of Ownership

§ 903. [Powers of the owner] The owner of a thing may, to the extent that it is not contrary to the law or the rights of third parties, deal with the thing as he pleases and exclude others from any interference.

§ 904. [Emergency] The owner of a thing is not entitled to prohibitthe interference of another with the thing, if the interference is necessary for the avoidance of a present danger and the damage threatened is disproportionally great compared to the damage caused to the owner by the interference. The owner may demand compensation for the loss suffered by him.

§ 905. [Extent of ownership] The right of the owner of a piece of land extends to the space above the surface and to the terrestrial botiy under the surface. The owner may not, however, prohibit interferences which are performed at such height.or depth that he has no interest in their exclusion.

§ 906. [Interference from adjacent land]
(1) The ownerof a piece of land is not entitled to p; ohibitthe intrusion of gases, vapors, smells, smoke, soot, heat, noises, shocks and similar interferences emanating from another piece of land to the extent that the interference does not or only immaterially prejudices the use of his piece of land.
(2) The same applies in so far as a substantial prejudice is caused by the use of another piece of land in conformity with local custom and it cannot be prevented

SECOND TITLE

Acquisition and Loss of Ownership of Land

§ 925. [Conveyance of title]
(1) The agreement of the disposer and the acquirer (deed of conveyance), required for the transfer of ownership of a piece of land under § 873, must be declared by the parties in their simultaneous presence before a competent authority. Any notary is competent for the reception of the declaration of conveyance, without prejudice to the.competence of other authorities. A conveyance may also be decfared in a judicial compromise.
(2) A conveyance made subject to a condition or time stipulation is ineffective. § 925a. [Documentation of conveyance] The declaration of a conveyance shall be accepted only if the document containing the agreement required under § 313 sent. 1 is presented or drawn up at the same time.

§ 926. [Acquisition of accessories]
(1 ) If the disposer and the acquirer are agreed that the transfer is to apply to the accessories of the piece of land, the acquirer acquires with the ownership of the piece of land also the ownership of the accessory items existing at the time of the purchase, to the extent that they belong to the disposer. I n case of doubt, it is to be presumed that the transfer includes the accessories.
(2) If the acquirer obtains, by virtue of the transfer, possession of accessory items which do not belong to the disposer or which are encumbered with third party rights, the provisions of §§ 932 to 936 shall apply; as to the good faith of the acquirer, the time of obtaining possession is decisive.

§ 927. [Proceeding of public notice for exclusion of ownership]
(1) The owner of a piece of land may, if the piece of land has been for thirty years in the proprietary possession of another, be excluded, with his rights, by means of a public notice. The duration of possession shall be computed in the same manner as the period for acquisition by prescription of a movable thing. If the owner is registered in the Land Register, the public notice proceeding is permitted only if he is dead or missing and an entry in the Land Register, which required the consent of the owner, has not been made during the last thirty years.
(2) The person who secured such judgment of exclusion acquires the ownership by causing himself to be registered as owner in the Land Register.
(3) If, before the issuance of a judgment of exclusion, a third party is registered as owner in the Land Register or if an objection is filed on the grounds of the ownership of a third party against the correctness of the Land Register, the judgment is not effective against such third party.

§ 928. [Relinquishment of ownership]
(1) The ownership of a piece of land may be relinquished by a declaration of relinquishment tendered by the owner to the Land Registry Office and by registration of the relinquishment in the Land Register.
(2) The Treasury of the [StateJ within the territory of which the piece of land is situated, has the right to appropriate the relinquished piece of land. The Treasury acquiresownership bycausing itselfto be registered inthe Land Registerasowner.

THIRD TITLE

Acquisition and Loss of Ownership of Movable Property

I Transfer

§ 929. [Agreementanddelivery]Forthetransferofownershipofamovablething,it is necessary that the owner of the thing deliver it to the acquirer and that both agree that the ownership be transferred. If the acquirer is in possession of the thing, the agreement on the transfer of ownership is sufficient.

§ 929a. [Agreement regarding unregistered shipsJ
(1 ) Fu~ the transfer of the ownership of a seagoingvessel which is not registered in the Ship Register, or of a part ownership in such a ship, it is not required that delivery be effected, if the owner and the acquirer have agreed to the immediate transfer of ownership.
(2) Each party may demand that he be furnished, at his cost, with an officially certified document with regard to the sale.

§ 930. [Constructive possession] If the owner is in possession of the thing, there may be substituted for delivery an agreed legal relationship between him and the purchaser, whereby the purchaser obtains indirect possession.

§ 931. [Waiver of claim to delivery] If a third party is in possession of the thing, there may be substituted fordeliverythe owner´s waiver to the acquirerof his claim for delivery of the thing.

§ 932. [Acquisition in good faith from unauthorized person]
(1) By virtue of a transfer effected in accordance with § 929, the acquirer also becomes the ownerwhen the thing does not belong to the sel ler unless he is not in good faith at the time when, by virtue of these provisions, he would acquire ownership. In case § 929, Sent. 2 applies this however, is applicable only if the purchaser had obtained possession from the disposer.
(2) The acquirer is not in good faith if he knows, or owing to gross negligence does not know, that the thing does not belong to the disposer.

§ 932a. [Acquisition in good faith of unregistered ship] If a ship transferred according to § 929a does not belong to the disposer, the acquirer becomes owner, if the

FOURTH TITLE
Claims Arising Out of Ownership

§ 985. [Claim for delivery] The owner can demand from the possessorthe delivery of the thing.

§ 986. [Objections by the possessor]
(1) The possessor can refuse the delivery of the thing if he, or the indirect possessor from whom his right of possession derives, is entitled to the possession as against the owner. If the indirect possessordoes not have the authority as against the owner to hand over the property to the possessor, the owner may demand the delivery of the thing to the indirect possessor or, if the latter cannot or will not accept the possession again, to himself.
(2) The possessor of a thing, which in accordance with § 931 has been transferred by the assignment of a claim for delivery, may raise against the new owner the objections which are available to him against the assigned claim.

§ 987. [Emoluments of the possessor]
(1) The possessor shall hand over to the owner the emoluments which he derives after the date of filing an action.
(2) If the possessor after the filing of the action fails to derive emoluments whichhecouldderivefollowingtheprinciplesofpropermanagementheisobliged to compensate the owner, to the extent that he is chargeable with a fault.

§ 988. [Emoluments of gratuitous possessor prior to filing of action] If a possessor, who possesses the thing as belonging to him or for the purpose of enjoying a right of use of the thing to which he is not actually entitled, obtained the possession gratuitously, he is obliged to give up to the owner the emoluments he derives before the date of filing an action, in conformitywith the provisions concerningthe return of unjust enrichment.

§ 989. [Liability of the possessor after action filed; The possessor is, from the date of filing an action, liable to the owner for the damage which occurs because in consequence of his fault the thing becomes deteriorated, destroyed or cannot for any other reason be surrendered by him.

§ 990. [Liability of possessor in bad faith]
(1) If the possessor was not in good faith when acquiring the possession, he is liable to the owner from the time of acquisition according to §§ 987, 989. If the possessor subsequently learns that he is not entitled to the possession, he is liable in the same manner from the time of obtaining the knowledge.
(2) A liability of the possessor on account of default remains unaffected.

§ 991. [Liability of indirect possessor]
(1) If the possessor derives his right to the possession from an indirect possessor, the provisions of § 990 in respect of emoluments shall apply only if the requirements of § 990 are present also in the case of the indi rect possessor, or if the action against the latter has become pending.
(2) If the possessor was in good faith at the acquisition of possession, he is nevertheless, from the time of acquisition, answerable to the owner forthe damage indicated in § 989, to the extent that he is responsible to the indirect possessor.

§ 992. (Liability of wrongful possessor] If the possessor has taken possession by an unlawful interference or by a criminal offense, he is liable to the owner pursuant to the provisions concerning damages for delicts.

§ 993. [Liability of possessor in good faith]
(1) If the conditions specified in §§ 987 to 992 are not present, the possessor shall, pursuant to the provisions relating to the return of unjust enrichment, give up to the owner the fruits obtained, to the extent that under the principles of proper management they are not to be regarded as proceeds of the thing~ in other cases he is under no obligation to surrender the emoluments or to pay damages.
(2) Regarding the time during which the emoluments are enjoyed by the possessor, the provisions of § 101 shall apply.

§ 994. [Compensation for necessary expenditures]
(1) The possessor is entitled to demand from the owner compensation for necessary expenditures made on the thing. The usual costs of maintenance are, however, not to be repaid to him for the period during which the emoluments are kept by him.
(2) If the possessor, afterthe filing of the action or after the commencement of the liability provided for in § 990, incurs necessary expenditures, the obligation of the owner to compensate is governed by the provisions concerning management without mandate.

§ 995. [Compensation in respect of charges on the thing] Necessary expenditures within the meaning of § 994 also include the payments which the possessor makes to pay off charges on the thing. For the time for which the emoluments remain with the possessor, he shall be compensated only for expenditures for such extraordinary charges as are to be considered as burdening the original value of the thing.

FIFTH TITLE
Parental Authority Over Legitimate Children
§ 1626. [Parental authority]
(1) The child stands under the parental authority of the fatherand the mother as long as he is a minor.
(2) Byvirtueoftheparentalauthoritythefatherandthemotherhave,unlessthe following provisions otherwise provide, the right and the duty to take care of the person and property of the child; the care forthe person and property includes the representation of the child.

§ 1627. [The exercise of parental authnrityJ The parents shall exercise the parental authority as a personal responsibility and by mutual consent for the benefit of the child. In cases of differences of opinion they must attempt to come to terms.

§ 1628. [Void: see decision of Federal Constitutional Court, 29 July 1959] § 1629. [Representation of the child]
(1) [Void: see decision of Federal Constitutional Court, 29 luly 1959.]
(2) The father and the mother are not allowed to represent a child in a case in which representation of a child by a guardian is disallowed under the provisions of § 1795; one of the parents may, however, enforce maintenance claims of the child against the other parent, if the parents live in separation. The Guardianship Court may deprive the mother or the father of the representation under § 1796.

§ 1630. [Limitation of parental authority by appoiMing a curator]
(1 ) The right and duty of the parents to take care of the person and property of the child does not extend to the affairs of the child forwhich a curator is appointed. (2) If a curator is charged with the care of the person or the care of the property