Burgercorpse Code Book 5

Original Language Title: Burgerlijk Wetboek Boek 5

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Civil Code Book 5, Business Rights


Book 5. Business rights

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Title 1. Property in general

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Article 1

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  • 1 Ownership is the most comprehensive right that a person can have on a case.

  • 2 It is the owner, with the exclusion of any person, to make use of the case, provided that such use does not conflict with the rights of others and the restrictions based on statutory regulations and rules of unwritten law are in accordance with the law. ed.

  • 3 The owner of the case shall, subject to the rights of others, be the owner of the separate fruit.


Article 2

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The owner of a case is competent to require her from any person who holds her without right.


Article 3

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In so far as the law does not otherwise determine, the owner of a case owns all its constituents.


Title 2. Ownership of movable property

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Article 4

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He who holds a movable business that does not belong to anyone, shall obtain the property.


Article 5

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  • 1 He who finds and takes under an unmanaged case is obliged:

    • a. competent as a matter of urgency in accordance with the first sentence of the first sentence of paragraph 2 of the report, unless he has been informed immediately after the discovery of the person he was entitled to consider as an owner or as receipt of his or her own resources;

    • b. must, in accordance with the second sentence of paragraph 2, also communicate the find, if it has been done in a dwelling, a building or a means of transport, unless he or she is under the conditions laid down in the Annex to this Regulation. A Finally, it was not obligatory to make a declaration;

    • c. to give the case in detention to the municipality that is progressing this.

  • 2 The provisions referred to in paragraph 1 A the declaration referred to may be made to each municipality at the appropriate official. The provisions of paragraph 1 B The communication shall be made by the person who is resident in the place of the building or of the means of transport, in use or in operation, or in the case of the person who is responsible for him.

  • 3 The finder shall be authorized at any time to hold the case to any municipality. As long as he does not do so, he is obliged to take care of his own for safekeeping and maintenance.

  • 4 The official may, from the official referred to in the first sentence of paragraph 2, require proof of declaration of entry or of a declaration of inservice.


Article 6

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  • 1 The finder that is on the hem Article 5 (1) has fulfilled the required requirements, obtains the ownership of the case one year after the Article 5 (1) A the declaration or notification provided that the case is still in the power of the finder or of the municipality at that time.

  • 2 Is the case otherwise than on her claim to the municipality in custody and falls under the non-precious business, designated at or under a general measure of management as intended in Article 12 B In that event, paragraph 1 shall not apply and the mayor shall be responsible for the sale of the case for the account of the municipality three months after the entry into force or not to transfer to a third party or to dispose of it.

  • 3 Is the case in custody given to the municipality and neither paragraph 1 nor paragraph 2 applies, the mayor shall be entitled one year after the notification has been given, to sell the case for the account of the municipality or to transfer it to a third party or not to transfer to a third party. to destroy.

  • 4 The preceding paragraphs shall not apply where the owner or another person authorised to receive the case has notified the person who holds the case prior to the expiry of the relevant period or, in the case of members, of the case. 2 and 3, at a time after the expiry of the time limit, on which the municipality is reasonably likely to make the case at the disposal of the case.


Article 7

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The finder may, by giving the case without delay to the occupant of the dwelling or the user or operator of the place where the find has been made, or to the person who supervises it, shall have a legal position with all the persons attached thereto. to carry out obligations on that occupant, user or operator except that no entitlement to remuneration exists.


Article 8

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  • If a case of the municipality is subject to rapid deterioration or deterioration, or because of the disproportionate cost or other disadvantage that it may no longer be required to be kept from the municipality, the Mayor shall be entitled to: to sell her.

  • 2 If the case does not lend itself to sale, the mayor shall be entitled to not transfer or dispose of a third party of ownership.

  • 3 If the case is found to be an animal, after two weeks, after the animal has been detained by the municipality, the mayor shall be competent to oppose payment of a purchase price, and otherwise not to transfer to a third party. -Carry If the latter were to be excluded, the Mayor has the power to complete the slaughter. The two-week period need not be complied with if the animal can be stored only at a disproportionate cost during that period, or is required to be paid for medical reasons.

  • 4 The proceeds shall take the place of the case.


Article 9

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If the case is given to the municipality in custody in cash, the municipality shall only be obliged to pay an equal amount to the person who can claim it, and that obligation shall expire as soon as the Mayor's sale is made on behalf of the municipality. would have been competent.


Article 10

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  • 1 He who demands the case of the congregation or of the vinder who is the one who Article 5 (1) It shall be obliged to reimburse the owner or any other receipt competent to cover the costs of preservation and maintenance. The municipality or the finer shall be empowered to suspend the issue until such time as this obligation has been fulfilled. If the person claiming the case does not pay the due expenses within one month of being declared to him, he shall be deemed to have given any price to the case.

  • 2 The finer which has fulfilled the obligations incumbent upon him shall be entitled to reasonable remuneration under circumstances.


Article 11

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If a finder based on the Article 6 (1) has become the owner of a case given to the municipality, has not been notified to the municipality within one month of its acquisition in order to receive the case, the Mayor has jurisdiction to take the case before the account of the sell, not to transfer to a third party or to destroy it.


Article 12

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In the case of, or under any general measure of administration, the

  • a. detailed rules shall be laid down on the exercise of the Articles 5-11 areas of competence arising from the municipalities;

  • b. Groups of non-precious items are designated, for which Article 6 (2) shall apply;

  • (c) detailed rules on the designation of certain types of persons and institutions, exempting them, in whole or in part or in accordance with or without further conditions, from the obligation to declare Article 5 (1) A or for the settlement of finds, shall be treated as a municipality;

  • d. for the settlement of finds by persons or institutions as referred to under C Groups of unquoted cases with cases found shall be treated in the same way.


Article 13

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  • 1 A treasure is found for equal parts to the one who discovers him, and to the owner of the immovable or movable case, in which the treasure is found.

  • 2 A treasure is a case of value, which has been hidden for so long that it can no longer be traced to the owner.

  • 3 The discoverer is obliged to make his find according to Article 5 (1) a. If no declaration has been made or is uncertain to whom the case is due, the municipality may, in accordance with Article 5 (1) C ensure that it is retained to it until it is established who is rightholder.


Article 14

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  • 1 The ownership of a movable case which becomes a component of another rotating case, which is the main object of the case, is the owner of the main issue.

  • 2 If none of the cases is principally to be considered and they belong to different owners, these co-owners of the new case shall each for a share be proportionate to the value of the case.

  • 3 The main issue is the case where the value of the other case significantly exceeds that of the other, or which is considered to be of a kind of traffic opinion.


Article 15

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Where movable property belonging to different owners is united by mixing to one case, the previous article shall apply mutatis mutandis.


Article 16

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  • 1 If a person from one or more movable business constitutes a new case, this property shall be owned by the owner of the original business. If they belonged to different owners, the previous two articles shall apply mutatis mutandis.

  • 2 If, for itself, a person forms or forms a case in or part of one or more of his or her non-related movable business, he shall be the owner of the new case, unless the costs of the formation do not justify it because of their small size.

  • 3 In processing of substances into a new substance or growing of plants, the previous members shall apply mutatis mutandis.


Article 17

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The person who, by virtue of his entitlement to a case in a case, is entitled to the benefits thereof, shall obtain the property of the fruit through its secession.


Article 18

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Ownership of a movable business is lost, when the owner gives possession of the property with the intention of getting rid of the property.


Article 19

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  • 1 The owner of domestic animals loses ownership of these animals when they have been willed out of their power after they have come to power.

  • 2 The owner of other animals loses ownership of that, when they obtain the freedom and the owner does not immediately try to catch or cease his attempts to do so.


Title 3. Ownership of immovable property

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Article 20

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  • 1 Ownership of the land shall include, in so far as the law does not otherwise determine:

    • a. The upper ground;

    • b. The earth layers below them;

    • c. the groundwater that has been on the surface by a source, well or pump;

    • d. the water that is on the ground and not in open communion with water on even otherwise erf;

    • e. buildings and works that are permanently united with land, either directly or by association with other buildings and works, to the extent that they are not a component of any otherwise immovable property;

    • f. with the land united plantings.

  • 2 By way of derogation from paragraph 1, ownership of a network consisting of one or more cables or piping, intended for the transport of solid, liquid or gaseous substances, of energy or of information, which is or is to be used in, on or above the ground of others, shall belong to It shall apply to the competent person of that network or to his successor in law.


Article 21

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  • 1 The authority of the owner of the land to use it shall include the power to use the space above and below the surface area.

  • 2 The use of the space above and below the surface is permitted to others, if this takes place so high above or so deep below the surface, that the owner has no interest in opposing it.

  • 3 The previous members do not apply to the power to fly.


Article 22

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When an erf is not closed, any person may return to it, unless the owner is able to experience or clearly express damage or damage to it, that it is prohibited without its consent to be on the erf, other without prejudice to the provisions of public roads.


Article 23

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  • 1 The owner of the land must, at his request, allow the object or animal to detect and remove the object or animal from the property of another owner.

  • 2 The damage caused in the detection and removal shall be reimbursed by the owner of the object or animal to the owner of the land. For this claim, the latter has a retention right on the object or animal.


Article 24

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The State is immovable property that does not have any other owner.


Article 25

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The soil of the territorial sea and of the Wadden Sea is the property of the State.


Article 26

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The beaches of the sea to the dune foot are suspected to be the property of the State.


Article 27

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  • 1 The land on which public sailing waters are located is suspected to be the property of the State.

  • 2 This presumption does not work against a public body:

    • a. which maintains the waters and did not take over the maintenance of the State;

    • (b) maintaining those waters and taken over by the State or by any other public body.


Article 28

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  • 1 Immovable business that is public, with the exception of the beaches of the sea, when they are maintained by a public body, are suspected to be the property of that public body.

  • 2 This presumption does not work against him to whom maintenance has been taken over.


Article 29

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The boundary of an erf along a water is moved by the line, except in the case of deliberate desiccation or temporary flooding. A flood is not temporary, if ten years after the flood, the land is still inundated by the water and the drought has not started.


Article 30

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  • 1 A transfer of the line does not change the border anymore, after it is fixed, either by the owners of land and water in accordance with Article 31 , either by the judge on the claim of one of them against the other, in accordance with Article 32 . The fixation applies to everyone.

  • 2 If, in fixing instead of the actual owner of an erf someone who was registered as such in the public records has been party, the previous paragraph shall nevertheless apply, unless the actual owner has been registered against registration of the instrument or judgment which has been made before it has taken place.


Article 31

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  • 1 The establishment of the border by the owners of land and water shall be made by a notarial deed, followed within 14 days by the registration of the border in the public registers.

  • 2 The depositary of the registers shall be responsible for giving the tender notice to any person who is registered as a rightholder or an attachment to one of the following persons.

  • 3 In so far as the line described in the Act differs from that of the line at that time, a third person who, at the time of registration, has a right to one of the institutions, may be the tenant or tenant of that person or has had an attachment to him, the person responsible for the application of the contract. Marking the line at that time as the fixed limit.


Article 32

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  • 1 A claim for the fixing of the limit shall be assigned only if the institution is entered in the public registers and all those who then registered as a rightholder or sever on one of the undertakings are in good time to be in the proceedings are called.

  • 2 The court shall determine the limit according to the line of application at the time of registration of the claim. Before applying the requirement, he may order the measures and do the evidence, which he considers useful in the interests of non-published persons.

  • 3 The costs of the claim shall be borne by the claimant.

  • 4-Resistance, appeal and cassation must be entered in the registers within eight days of the imposition of the appeal, under penalty of inadmissibility; Article 433 of the Code of Civil Procedure . By way of derogation from Article 143 of that Code the period of resistance shall begin to run from the service of the judgment to the attached person, even if the service is not in person in person, unless the court has ordered the proceedings to be carried out for that purpose and that the order is not satisfied.

  • 5 The recording shall take place at the time when the judgment granting the claim is entered in the public registers. Such registration shall not take place until the judgment has been res judiced in force of the judgment.


Article 33

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  • 1 Moving into the line of a public water inland, after the limit is fixed, the owner of the flooded yard must tolerate the use of the water according to the destination.

  • 2 Moves in the direction of the water, after the limit is fixed, the line of a water which the owner of the yard may use for any purpose in the direction of the water, the owner of that yard shall be able to claim that on the dry ground he is or more of the hereditary service, which allows him to continue to exercise his powers in respect of the water.

  • 3 The previous paragraph shall apply mutatis mutandis to him who may use the water for any purpose and has a hereditary service to that effect on the yard of the water.

  • 4 In case of border fixation in accordance with Article 32 The previous paragraphs shall be applicable as long as the line has been moved following the registration of the claim.


Article 34

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The oeverline within the meaning of the previous five articles shall be determined by normal water level, or, in the case of waters the level of which varies periodically, due to the normal high-water level. However, soil, with plants other than normally living in the water, is considered to be on the land side of the uverline, even though that soil is flooded at high tide.


Article 35

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  • 1 New dune forming on the beach belongs to the owner of the dune dune on the beach, when both dunes have become a whole, such that they cannot be distinguished from each other anymore.

  • 2 On the other hand, this owner loses the land used by the dunes to take the dune part of the beach.

  • 3 The extension or withdrawal of a dune as referred to in paragraphs 1 and 2 shall no longer affect the property after the limit has been established, either by the owners of the beach and the dune or by the courts for the claim of one of them against the other. The Articles 30-32 shall be applicable mutatis mutandis.

  • (4) Outside the case of paragraphs 1 and 2, extension or withdrawal of a dune shall not change ownership.


Article 36

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If a wall, fence, heg, or ditch, or an unnavigable running water, a ditch, a canal or a water corridor as a separation of two inherits, should be the middle of this separation, it is suspected to be the boundary between these inheritches. This presumption shall not apply if a wall is based on building or work only on one side.


Title 4. Powers and obligations of owners of neighbouring inheritors

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Article 37

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The owner of an erf shall not be allowed to an extent or in any manner, according to Article 162 of Book 6 unlawfully, to owners of other deprived persons, such as by spreading noise, vibration, stench, smoke or gases, by withholding light or air, or by depriving it of aid.


Article 38

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Lower inherit must receive the water that runs from higher-end ore naturally expiring.


Article 39

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The owner of an erf shall not be allowed to an extent or in any manner, according to Article 162 of Book 6 unlawfully, to owners of other inheritances, to be affected by modification of the course, quantity or capacity of his or her unflowing water or groundwater, or by the use of water on its yard and in Open community stands with the water in an even different way.


Article 40

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  • 1 The owner of a yard adjacent to a public or running water may make use of the water to rinse, dling cattle or other such purposes, provided that it does not hinder the owners of other persons of the water from the water. an extent or in a manner which, according to Article 162 of Book 6 is unlawful.

  • 2 If a public water is concerned, the previous paragraph shall apply only in so far as the use of the water does not preclude the use of water.


Article 41

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From the Articles 38 , 39 and 40 (1) may be derogated from by regulation.


Article 42

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  • 1 It is not permitted to have trees, hedges or hedges within the distance from the border line defined in paragraph 2, unless the owner has given permission for that purpose or that there is a public road or a public water.

  • 2 The distance referred to in paragraph 1 shall be two metres for trees from the centre of the tree's foot and for the shrubs and hedges half a metre, unless a smaller distance is provided by means of a regulation or local custom. allowed.

  • 3 The detention can not resist the presence of trees, shrubs or hedges that do not reach higher than the dividing wall between the erthers.

  • 4 In the case of a situation which is unlawful in accordance with the provisions of this Article, only compensation for damage arising after the date of termination of that condition shall be incurred.


Article 43

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For the purposes of this and the following title, wall is defined as any of stone, wood or any other material suitable for this purpose, opaque closure.


Article 44

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  • 1 If, despite notice of the owner of this yard, omit a detention of the overhanging, the latter owner can cut off the handing over and the adjoining of himself, despite notice of the owner of this yard.

  • 2 The person on whose own roots of another erf are going to pass through, may this one in so far as they are sped out and alters.


Article 45

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Fruit falling from the trees of an erf on a neighbouring yard belong to him who benefits from the fruit of the latter.


Article 46

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The owner of an erf may, at any time, claim from the owner of the adjacent yard that at the limit of their inherits quite perceptible bimers or revamped the existing ones where necessary. The owners shall contribute to the costs of equal parts.


Article 47

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  • 1 If the course of the boundary between the two inherits is uncertain, each of the owners may, at any time, claim that the court determines the limit.

  • 2 In the case of uncertainty where the border is between two inheritches, the owner shall not be legally suspected of being the owner.

  • 3 In determining the limit, the court may, depending on the circumstances, divide the area of uncertainty into equivalent or equivalent parts or allocate it to one of the parties entirely, whether or not with the award of compensation to one of the parties.


Article 48

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The owner of an erf is authorized to close this.


Article 49

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  • 1 Each of the owners of adjacent yards in a contiguous part of a municipality may, at any time, require the other owner to cooperate with the establishment of an arbitrator of two metres in height on the frontier of the yard, to the extent that the a regulation or local custom does not otherwise regulate the way or the height of the separation. The owners shall contribute to the costs of secession for equal parts.

  • 2 The previous paragraph shall not apply if one of the institutions is a public road or a public water.


Article 50

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  • 1 Unless authorised by the owner of the neighbouring erf, it is not permitted to have windows or other door openings, or balconies or similar works within two metres of the boundary line of such windows or other windows, to the extent that they are To give a view.

  • 2 The detention may not preclude the presence of such openings or works, if its erf is a public or public water, if there are public roads or public waters between them, or if the view is not It shall extend beyond a wall within two metres of the opening or work. Permitted openings or working may continue to be permitted, even after the inheritings have been lost to their public destination or the wall has been demolished.

  • 3 The distance referred to in this Article shall be measured rectangular from the outside of the wall there, where the opening has been made, or from the outer edge of the leading edge of the moving work to the boundary line of the erven or wall.

  • 4 If, as a result of limitation, the detention cannot be recovered from an opening or work, he shall not, within a distance of two metres thereof, make any buildings or work which the owner of the other erf would be unreasonable hindering, except as far as such a building or work was already there at the time of completion of the limitation period.

  • 5 In the case of a situation which is unlawful under this Article, only compensation for damage arising after the date of termination of that condition shall be incurred.


Article 51

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In walls, standing within the distance specified in the previous article, light openings may always be made, provided that they are fitted with fixed and opaque windows.


Article 52

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  • 1 An owner is obliged to set up the cover of its buildings and work in such a way that the water does not end up in a different way.

  • 2 Drainage on the public highway shall be permitted if it is not prohibited by the law or regulation.


Article 53

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An owner is obliged to ensure that no water or garbage from his yard in the gutter comes from once different.


Article 54

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  • 1 Is a building or work partly built up, above or below the yard of another, and the owner of the building or work by taking away the excellent part would be disproportionately penalised far more severely than the owner of the erf by maintaining or, at any time, the owner of the building or employment may be required to claim against compensation an inherited service to the maintenance of the existing condition or, at the choice of the owner of the yard, to have an obligation to do so. part of the erf is transferred.

  • 2 The previous paragraph shall apply mutatis mutandis where a building or work has been transferred over other people's yard over time.

  • 3 The preceding paragraphs shall not apply if it results from a requirement, duly justified by law or legal act, to the toleration of the existing condition or if the owner of the building or work relating to the construction or acquisition of the building or work is justified To be able to know bad faith or gross guilt.


Article 55

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If an imminent collapse of a building or work is threatened by an imminent collapse of a building or work, the owner of that yard may, at any time, claim that measures are taken in order to remedy the danger.


Article 56

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Where it is necessary to carry out a different immovable property for the purpose of carrying out an immovable property, the owner of that case shall be obliged to keep it after due notice and against to grant compensation, unless there are important reasons for refusing to use it or to postpone it at a later date.


Article 57

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  • 1 The owner of an erf which does not have a proper access to a public road or a public waterway may at any time, from the owners of the neighbouring inheritors, claim the service of an emergency road at the service of his/her recovery at the service of the owner of the yard. to ensure compensation for the damage caused to them by that emergency road.

  • 2 If, following the designation of the emergency road, unforeseen circumstances arise, causing a greater burden on the owner of the erf than was the case in determining the compensation referred to in paragraph 1, the court may decide to increase of the amount of the allowance.

  • 3 In the direction of the emergency road, account shall be taken of the importance of the enclosed yard, which shall be able to reach the public road or public water as soon as possible along that road, and with the importance of its encumin to be as little as possible nuisance of this road. An erf of public road has been closed by having received, as a result of a legal act, an owner other than an earlier part of the public road adjacent to the public road or having due access to it, this separated part shall be taken into account for the load with an emergency road first.

  • 4 Where a change in the local circumstances makes it desirable, an emergency procedure may be diverted to an immediate owner's claim.

  • 5 An emergency road expires, as long as he has no need of it.


Article 58

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  • 1 The owner of an erf who wishes to carry water, electricity, gas and heat which is elsewhere in his order may, by a charge, pay the compensation of the owners of the neighbouring inheritors, to be paid or payable in advance, to pay compensation. that this pipe goes through or over their erve.

  • 2 The last four members of the previous article shall apply mutatis mutandis.


Article 59

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  • 1 When the limit of two erven in the longitudinal direction passes under an unnavigable running water, a ditch, graze or such water corridor, the owner of each animal inherits the same water corridor in its entire width. powers and obligations as a co-owner. Each owner is obliged to maintain the water, the ditch, the gracht or the water corridor on his yard.

  • 2 Each owner shall be entitled, and shall be obliged to receive any such maintenance, for his part in his/her yard.

  • 3 A deviating arrangement agreed by the owners is also binding on their legal acquiserals.


Title 5. Mandeliness

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Article 60

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As a matter of fact, when an immovable property is jointly owned by the owners of two or more inheritors and is intended to be shared by them as a common utility, the property shall be assigned by a notarial instrument to be established between them, followed by registration in the public registers.


Article 61

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  • 1 Mandeliness created under the previous article ends:

    • a. When the community ends;

    • (b) where the intended purpose of the case to the common utility of the yard is removed from a notarial deed entered between the co-owners, followed by registration in the public registers;

    • c. once the usefulness of the case has ended for each of the erven.

  • 2 The fact that the usefulness of the case has ended for each of the erches may be entered in the public registers.


Article 62

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  • 1 A free-standing divide wall, a fence or a hedge is common property and mandelig, if the border of two inheritors belonging to different owners, is under the longitudinal side.

  • 2 The dividing wall in common with two buildings or works belonging to different owners is also common property and mandelig.


Article 63

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  • 1 The right to a court of duty cannot be separated from the property of the erven.

  • 2 A claim for division of a court of interest is ruled out.


Article 64

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Mandeliness implies that each co-owner should give the other co-owners access to the mandariness of the case.


Article 65

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Mandated cases must be serviced at the expense of all co-owners, cleaned and, if necessary, renewed.


Article 66

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  • 1 A co-owner of a mandarier case may also transfer his share of the case separately from his yard to the other owners of the party.

  • 2 If a co-owner wishes to pay for it by reason of the costs of maintenance, cleaning and renewal in the future, the other co-owners shall be obliged to cooperate in such a transfer, provided that he or she shall, if necessary, give them a right of It provides a stable or hereditary service, which allows them to continue to exercise their rights in relation to the case.

  • 3 The preceding paragraphs shall not apply to a wall common to two buildings or works, or on a wall, fence or hedge separating two erches in a contiguous part of a municipality.


Article 67

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  • 1 Each co-owner may build against the mandarter wall and make up to half the thickness of beams, ribs, anchors and other articles, provided that it does not prejudice the wall and the related work of the wall. This will be

  • 2 Except in case of emergency, a co-owner is able to claim that, before the other co-owner begins the work, experts will determine how this can be done without prejudice to the wall or to the competent work. of the owner mentioned first.


Article 68

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Each co-owner may, on the mandarter wall, create a gutter up to half the thickness, provided that the water does not run out on the yard of the other co-owner.


Article 69

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The Articles 64 , 65 , 66 (2) , 67 and 68 do not apply to the extent that a corresponding Article 168 of Book 3 The scheme is otherwise determined.


Title 6. Hereditary serviceability

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Article 70

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  • 1 A hereditary service is a burden, with which an immovable property-the serving yard-is encumbered in the interests of another immovable property-the dominant one.

  • 2 In the deed of residence of an inherited service, the owner of the ruling yard may be obliged to pay the owner of the person responsible for payment to the owner of the service on the basis of a sum of money, whether or not they are regularly paid.


Article 71

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  • 1 The burden which a hereditary service imposes on the servants shall consist of an obligation to tolerate or not to do so either above or below one of the two inheritors. The act of establishment may stipulate that the burden is, moreover, an obligation for the fitting of buildings, works or plantations necessary for the pursuit of such a service, provided that such buildings, works and plantations are they will be wholly or partially on the service yard.

  • 2 The burden which a hereditary service imposes on the operating yard may also consist in an obligation of maintenance of the operating yard or of buildings, works or plantations which are or will be situated in whole or in part on the service yard.


Article 72

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Hereditary servalities may arise through establishment and by statute of limitations.


Article 73

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  • 1 The contents of the hereditary service and the method of exercise shall be determined by the instrument of establishment and, where such provisions are laid down in such act, by local practice. If a hereditary service is exercised in good faith for a long time without an adversal in a given manner, then in a case of doubt this mode of exercise shall be decisive.

  • 2 Nevertheless, the owner of the servant may, for the purpose of exercising hereditary service, appoint any part of the erf other than that on which the hereditary service is to be exercised under the preceding paragraph, provided that such a transfer is not reduction of enjoyment for the owner of the prevailing erf is possible. Costs, necessary for such change, shall be borne by the owner of the service yard.


Article 74

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The exercise of hereditary service must be carried out in a manner which is less than or of the same for that of the service.


Article 75

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  • 1 The owner of the ruling yard shall have the power to perform at his expense all the necessary requirements for the exercise of hereditary service.

  • 2 It is also responsible for raising buildings, works and plantations which are necessary for the performance of the service, on the relevant buildings, buildings and plantations.

  • 3 He shall be obliged to maintain it on the servants ' yard in so far as it is necessary for the benefit of the relevant yard; he shall be entitled to take it, provided that he recpowers the yard in the old situation.

  • 4 The owner of the serving yard has no right of use of the buildings, works and plantations which have been lawfully affixed by the owner of the ruling yard.

  • 5 A derogation from the previous paragraphs may be made by the instrument of establishment.

  • 6 In the case of mandeliness, the rules in force shall, instead of paragraphs 3 and 4, apply.


Article 76

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  • 1 Where the dominant yard is divided, the service shall remain in service for the benefit of any part of which it may stretch.

  • 2 Where the servant is divided, the burden shall remain on any part, in respect of which the instrument of establishment and the nature of the service may be exercised.

  • 3 In the instrument of establishment, a derogation from the previous paragraphs may be made.


Article 77

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  • 1 Belongs to two or more persons, or to two or more persons, or as owners of several parts thereof, then they are jointly and severally linked to fulfilment of the obligations arising out of the heredity of the service. any pecunious liabilities due during their duty, to the extent that they are not distributed over their rights.

  • 2 After the transfer or allocation of the dominant or responsible erf or part thereof or a share thereof, the transferee and its legal predecessor shall be jointly and severally related to the pecuniary obligations referred to in paragraph 1 which are in the have become due for two years prior to payment.

  • 3 The Act of establishment may derogate from the preceding paragraphs, but not from the second paragraph to the detriment of the transferee.


Article 78

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The judge may, at the request of the owner of the servants of the service, amend or cancel an inherited service:

  • a. On the basis of unforeseen circumstances which are of such a nature that the maintenance of hereditary service cannot be required of the owner of the service yard in the form of a measure of reasonableness and fairness:

  • b. If, at least twenty years after the onset of the service, the existence of the hereditary service has expired and the continued existence of the service is contrary to the public interest.


Article 79

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The court may waive the claim of the owner of the serving erf, if the exercise thereof becomes impossible or the owner of the ruling erf has no reasonable interest in the exercise, and failure to do so it is likely that the possibility of exercise or of its reasonable interest will return to it.


Article 80

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The judge can claim the contents of a hereditary service by the owner of the ruling erf when due to unforeseen circumstances the exercise becomes permanent or temporary impossible or the importance of the owner of the ruling yard. has been significantly reduced, so as to restore the possibility of exercise or of the original interest, provided that this change can be required by the standards of reasonableness and fairness of the owner of the serving yard.


Article 81

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  • 1 The court may bring an action as referred to in the Articles 78-80 assign under conditions to be set.

  • 2 Rest on one of the inherits restricted right, the claim shall be assignable only if the person concerned is called upon to do so. In the judgement or by the standards of the Articles 78 A . , 79 and 80 must be taken into account in the light of the interests of the Member State concerned.


Article 82

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  • 1 If the owner of the dominant yard wishes to waive his/her right to waive his/her right under the burdens and liabilities attached to the heirservice, the owner of the servant shall be obliged to co-operate.

  • 2 In the deed of establishment, for the first twenty years, it may be decided otherwise.


Article 83

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If, at the time when the ruling and the operating yard acquire one owner, one third is in use in hire or leaseholder or under another personal right, the service shall not be mixed until the date of the sale of the owner. end of this entitlement.


Article 84

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  • 1 He who has a right of leasehold, stabbings or usufruct on an immovable property may be subject to a hereditary service for the benefit of this case. He can also charge her with hereditary servitude.

  • 2 Inherited service, negotiated by a limited creditor for the purpose of which his or her right of residence or by a withdrawal for the purpose of the house of the house is held, shall not, at the end of the restricted right, only terminate if in the act of establishment of the right to The hereditary service shall be determined. If hereditary servitude persist, then a beding as intended Article 82 (2) no longer in the road of renunciation of hereditary service.

  • 3 Erfserviceabilities, established by a limited creditor of the case to which his or her right rests or is charged by an upkeep of the carer, shall be cancelled at the end of the restricted law, unless it ends by mixing or distance or the right to the right of the person to whom the right to vote Owner of the case where the restricted duty has been declared to be in accordance with the residence of the service in the case of a document entered in the public registers.

  • For the purposes of the other Articles of this Title, the owner of the owner, the keeper or the fruit user shall be regarded as the owner of the dominant position of the person responsible for the application of the provisions of this Title.


Title 7. Hereditary lease

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Article 85

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  • 1 Erfpacht is a right of business right that gives the hereditary tenant the power to otherwise hold and use immovable property.

  • 2 In the deed of establishment, the obligation of the owner on whether or not to regularly pay a sum of money-the canon-may be imposed on the owner on or on a recurring basis.


Article 86

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In the Act of Establishment, the parties may arrange for the duration of the lease.


Article 87

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  • 1 A leaseholder may be reconsidered by the leaseholder unless otherwise provided for in the instrument of establishment.

  • 2 An inheritance may be said by the owner if the hereditary tenant is in default to pay the canon for two consecutive years or to a serious degree of failure to fulfil its other obligations. Such denunciation shall be served within eight days, under penalty of nullity, to those who are registered as a limited owner or a limited owner on the lease in the public registers. After the end of the lease, the owner shall be obliged to reimburse to the leaseholder the value of the leaseholder after deduction of what he has to claim under the inheritance of the leaseholder, including the costs.

  • 3 A clause which deviates at the expense of the member of the inheritance of the previous paragraph shall be null and void. The act of establishment may confer on the owner the power to terminate, except on the basis of the owner's failure to comply with the obligations laid down in the fulfilment of its obligations.


Article 88

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  • 1 Each denunciation shall be made on an exploit. It shall be made at least one year before the said date, but in the case of: Article 87 (2) At least a month before that time.

  • 2 In the case of: Article 87 (2) The depositary shall refuse registration of the denunciation if it is not also submitted to those who were registered as a restricted or habitant in the public registers on the leasehold.


Article 89

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  • 1 In so far as not provided in the deed of establishment otherwise, the hereditary tenant has the same enjoyment of the case as an owner.

  • 2 However, he may not give any other purpose to the case without the consent of the owner or conduct an act in violation of the destination of the case.

  • 3 In so far as it is not laid down by the Act of establishment, the leaseholder, both during the duration of the lease and at the end thereof, shall have the power, works and plantations, which are not required by himself or by a judicial of his or her own right. shall be taken over from the owner against compensation of the value, to take away, provided that he returns the case to the deceased in the old condition.


Article 90

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  • 1 In so far as the instrument of establishment is not otherwise determined, fruit which has become separated or payable during the period of succession and benefits of movable nature, which is the result of the case, shall be the subject of the place of succession.

  • 2 Advantages of immovable property belong to the owner. They are also subject to the lease, unless otherwise provided for in the instrument of establishment.


Article 91

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  • 1 The instrument of establishment may provide that the leaseholder may not be transferred or handed over without the consent of the owner. A provision of such a kind is not in the way of execution by creditors.

  • 2 It may also be stipulated in the act of establishment that the owner may not split his right without the consent of the owner by transfer or allocation of the lease on a part of the case.

  • 3 A clause referred to in the preceding paragraphs may also be made in respect of the apartment rights in which a building is split by the owner. It may be relied on only by a transferee under the special title of a right to the apartment, if it is defined in the instrument of division.

  • 4 If the owner refuses the required permission without reasonable grounds or does not declare his consent, his consent may be replaced, at the request of the person requiring her, by a permission of the district court of law of the arrondissement in which the case or most of its part is situated.


Article 92

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  • 1 Belongs to two or more persons, whether as a part or as a member of the family of different parts of the case, they are jointly jointly and severally related to the whole of the canon which is payable during their duty, provided that they are not covered by the law. are distributed over their rights.

  • 2 After the transfer or allocation of the lease on the case or part thereof or of a share of the lease, the transferee and his legal predecessor are jointly and severally related to the latter subject to the previous five years. has become due for years.

  • 3 The Act of establishment may derogate from the preceding paragraphs, but not from the second paragraph to the detriment of the transferee.


Article 93

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  • 1 The leaseholder is authorized to give, in whole or in part, under the lease, the case to which the right of lease rests, in so far as the instrument of establishment has not been defined otherwise. The subject of the sub-leaseholder shall not be subject to more powers than the owner has against the owner.

  • 2 The land lease shall be cancelled at the end of the lease, unless it ends by mixing or distance. The owner may obtain the right to rent from under-lease for the rent in respect of the leaseholder property. The provisions of this paragraph shall not apply where the owner has declared, in a notarial deed registered in the public registers, to vote in favour of the establishment of the under-lease.

  • 3 For the purpose of applying the remaining articles of this Title, the owner shall be regarded as owner in his relationship with the sub-leaseholder.


Article 94

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  • 1 The leaseholder shall have jurisdiction to rent, lease or lease the rights of lease, to the extent that the instrument of establishment has not provided otherwise.

  • 2 After the end of the lease, the owner shall be obliged to carry out the rental or leasing of a person who is not in a responsible position. However, he may refuse, in so far as, without his or her consent, the agreed time of tenancy is longer than that of local use corresponding to the place of business within the meaning of the Sixth Section of Title 4 of Book 7 has been leased for a period longer than five years, or the lease has been made for a period of more than 12 years and for six years for free land, whether the lease or lease has been done on unusual conditions which may cause him to be subject to the lease.

  • 3 He shall lose the power of refusal of judgment if the lessee or tenant has made a reasonable period of time to declare his judgment and he has not declared himself within the time limit.

  • 4 If, according to the preceding paragraphs, the owner is not required to contract a residence by the owner of a place of residence in which the lessee has his principal residence upon the end of the lease, and to which the person concerned has the right to stay Articles 271 to 277 of Book 7 apply, he must nevertheless continue the tenancy agreement with the tenant with the exception that Article 269 (2) of Book 7 , shall apply mutatis mutandis.


Article 95

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The establishment of legal proceedings and the lodging of applications for judicial proceedings concerning the right of the owner and of the owner of the owner shall be competent, provided that the latter is concerned that the other person is responsible for the application of the law. be called into question in good time.


Article 96

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  • 1 Ordinary expenses and repairs shall be worn and carried out by the leaseholder. Where extraordinary repairs are required, the leaseholder is obliged to notify the owner of this necessity and to provide him with the opportunity to make these repairs. The owner is not required to do any repair.

  • 2 The leaseholder is obliged to comply with the exceptional burden imposed on the case.

  • 3 In the instrument of establishment, a derogation from the previous paragraphs may be made.


Article 97

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  • If five and twenty years after the date of establishment of the place of succession, the court may, on the application of the owner or leaseholder, alter or abolish the lease on the basis of unforeseen circumstances which are of such nature as to measures of reasonableness and fairness cannot be required of the owner or leaseholder for the unaltered conservation of the instrument of establishment.

  • 2 The court may assign the claim under conditions to be determined by him.

  • 3 Rest of the place on the land or on the case a limited right, the claim shall be assignable only if the person concerned has been called upon in the proceedings and is also satisfied with the criterion laid down in paragraph 1.


Article 98

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  • 1 Where the time for which the lease is established has elapsed and the owner has not cleared the case at that time, the leasehold shall continue to run unless the owner does not appear at the latest six months after that date that he or she shall be as terminated -... The owner and the leaseholder can cancel the extended lease in the manner and with due regard to the period of time. Article 88 .

  • 2 Any clause that deviates at the expense of the leaseholder of this Article shall be null and void.


Article 99

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  • 1 After the end of the lease, the former member of the owner is entitled to reimbursement of the value of any buildings, works and plantations which are still present and which have been made by himself or by a legal predecessor, or of the owner against compensation of the value of the land. are taken over.

  • 2 The certificate of establishment may provide that the leaseholder shall not be entitled to the allowance provided for in paragraph 1 of this Article:

    • a. if the land given in a land lease had a destination other than that of housing construction;

    • (b) if the leaseholder does not have any funding for the buildings, works and plantations;

    • c. if the leaseholder has ended by denunciation by the leaseholder;

    • d. to the extent that the buildings, works and plantings had been affixed unobligated and he was allowed to take them away at the end of the long lease.

  • 3 The owner shall be entitled to pay the compensation due to him under this Article which he has to claim in respect of the inheritance of the owner of the land.


Article 100

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  • 1 The leaseholder has a lien on the case issued in the lease until he has been paid the fee due.

  • 2 Each of the previous paragraph derogatory shall be null and void.

  • 3 The owner has a lien on which the owner has been allowed to break down, until he has been satisfied with what he has been required to claim under the land lease.


Title 8. Stall

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Article 101

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  • 1 The right of stabbings is a right of business to have, on or above an immovable property of another building, work or to obtain planting in property or to obtain.

  • 2 The right of stabbation may be granted on the basis of a right of rent or lease on the immovable property, either independently or in accordance with other commercial law.

  • 3 In the instrument of establishment, the obligation may be imposed on the owner on a daily basis, on or at regular intervals, to pay a sum of money.


Article 102

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The powers of the whole lot to use, apply and take away buildings, works and plantations may be restricted by the instrument of establishment.


Article 103

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In the absence of any rules on the basis of the act of establishment, the whole question of the case to which its law rests has the powers which are necessary for the full enjoyment of its right.


Article 104

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  • 1 The Articles 92 and 95 shall be applicable mutatis mutandis to the right of stabbation.


Article 105

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  • 1 Where the law of storage is cancelled, ownership of the buildings, works and planting shall be the property of the owner of the immovable property at which it was rested.

  • 2 In so far as the instrument of establishment is not otherwise defined, the defendant shall have the power, at the end of his or her right, to place, operate and carry out any planting which has been affixed, either by himself or by a legal predecessor, to it or to its owner. have been taken over from compensation of the value, provided that he returns the immovable property to which the law is in the old state.

  • 3 The Articles 99 and 100 shall apply mutatis mutandis, with the exception that the retention rights that have been taken up include only buildings, works and plantations.


Title 9. Apartment rights

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Section 1. General provisions

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Article 106

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  • 1 An owner, leaseholder or reconer is authorized to split his right to a building with accessories and to split the land with its accessories in apartment rights.

  • 2 An owner, leaseholder or reconer is also empowered to split up his right to a piece of land in apartment rights.

  • 3 An apartment law is in turn susceptible to splitting in apartment rights. An apartment owner shall have jurisdiction until such a division, provided that no other provision is provided for in the instrument of division.

  • 4 Under apartment law, a share of the goods involved in the division shall be the responsibility for the exclusive use of certain parts of the building which, according to their establishment, are intended or are to be used as to be used separately. The share may also include the power to use only certain parts of the land belonging to the building. In the case of paragraph 2, the share shall consist of the power to use only certain parts of the land which, according to their establishment or designation, are intended or are to be used as a separate whole.

  • 5 The term "apartment owner" means the entitled to an apartment.

  • 6 Under the heading, this title means a group of buildings which are involved in one division.

  • 7 A land-tenant or refunder shall have jurisdiction only after obtaining the permission of the landowner until a split in the rights of the apartment. If it clearly refuses or declares the consent required without reasonable grounds, the authorisation may be replaced, at the request of the person requiring it, by the authority of the court of jurisdiction of the Court of Justice of the European arrondissement in which the building or the largest part of it is situated.


Article 107

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An owner, leaseholder or reconer is also authorized to split his right to the building with accessories and to split the corresponding land with accessories in connection with a foundation or a modified establishment of a building which he intended to provide. Apartment rights. In the case of such a division, the apartment rights shall also be created at the time of registration of the instrument of division.


Article 108

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  • 1 The apartment owners shall be obliged, in respect of each other, to establish and maintain the construction, the establishment of the building or the establishment or the designation of the land in accordance with the provisions of the provisions of the division of the apartment.

  • 2 The judge may suspend the ruling on a claim, based on the previous paragraph, when an op Article 144 (1) c, d or H It shall be seised.


Article 109

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  • 1 The division shall be carried out by a notarial act, followed by a notarial note, followed by the registration of that instrument in the public registers.

  • 2 A drawing shall be attached to the minute of the act of division, giving the delimitation of the various parts of the building and the land to which it is intended to be used as a separate whole and of which, according to the instrument, it must be used. only use in an apartment law will be understood. The drawing must comply with the requirements, under the law referred to in Article 16 (2) of Book 3 for the registration of those products.

  • 3 Where the provisions of this Title refers to the instrument of division, the drawing shall be understood below, unless the provision proves otherwise.


Article 110

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  • 1 Despite the lack of competence of the person who has carried out the division, the division shall be valid if it is valid, if it is followed by a valid transfer of an apartment or establishment of a limited number of persons. right on an apartment right.

  • 2 An invalid split is also considered valid, when an apartment law is obtained by limitation period.


Article 111

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The instrument of division shall include:

  • a. indication of the local location of the building or land;

  • b. A precise description of the respective parts of the building or land, intended to be used as a separate whole, which can be defined by reference to the individual parts of the building or the ground, Article 109 (2) the drawing, together with the indication for each animal, to which apartment law the power to use belongs to it;

  • c. the cadastral designation of the apartment rights and the entry of the apartment owner;

  • d. Rules of procedure, which shall be deemed to include the provisions of a detailed model of procedure which is entered in the public registers on the spot where the instrument is to be registered.


Article 112

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  • 1 The Regulation shall include:

    • a. The debts and expenses incurred on behalf of the joint apartment owners;

    • (b) a settlement of an operating account to be established annually, in progress over the previous year, and the contributions to be paid by the apartment owners;

    • c. arrangements for the use, management and maintenance of the parts which are not intended to be used as a separate whole;

    • d. by whose care and against which dangers the building for the benefit of the joint apartment owners should be ensured;

    • e. the creation of an association of owners, the purpose of which is to represent the common interests of the apartment owners, and the association's statutes.

  • 2 The statutes of the Association of Owners must contain:

    • a. The name of the association and the municipality where it has its seat. The name of the association must be replaced by the words: "Association of Owners", written in full, or abbreviated to " V. (e) ', and shall also indicate the location of the building or land;

    • b. the purpose of the association;

    • (c) a system of contributions payable to the association periodically, at least annually, to the association;

    • d. the means of convening the meeting of owners and the determination of the number of votes that each of the apartment owners may cast in the meeting.

  • 3 The rules of procedure may involve a system under which all or certain of the apartments are co-associated with membership of another association or cooperative defined in the Rules of Procedure, in so far as such membership is in force in the Agreement is with the statutes of that association or cooperative.

  • The Regulation may include arrangements for the use, management and maintenance of the parts which are intended to be used as a separate whole. Such rules may involve the meeting of owners of the competent authority of an apartment owner or the person exercising his or her rights in order to deny the use of those parts for important reasons specified in the rules of procedure.


Article 113

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  • 1 The shares created by the division in apartment rights are the same, unless the instrument of division provides for a different ratio. In the latter case, it is apparent from the instrument on which basis that ratio is based.

  • 2 In the debts and expenses arising under the Act or by the Rules of Procedure of the joint apartment owners, they must contribute equally and towards the owners ' association for each apartment's right, unless: A different ratio is determined for that part of the Regulation.

  • 3 If the apartment owners for a debt referred to in the preceding paragraph are jointly liable to the creditors and the performance due is substandard, they are each associated to a part, in the ratio specified in the previous paragraph. Member.

  • 4 If the apartment owners for any debt mentioned in paragraph 2 are jointly liable, the association for that debt is jointly and severally linked.

  • For debts of the association, those who were the apartment owner at the time of the origin of the debt shall be jointly and severally linked to the association, if the performance is divisible, each for a part of the relationship referred to in paragraph 2.


Article 114

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  • 1 Rest at the time of registration of the instrument of split, a mortgage, seizure or privilege on all registry goods involved in the division, then this connection, seizure or privilege from that moment on each of the members of the division -apartment rights for the entire debt.

  • 2 Rest at the time of registration of the instrument of splitting a mortgage, seizure or privilege on only a part of the registry goods, then the competence to extract this part remains in spite of the split; by the division shall be terminated in respect of that part.

  • 3 A right of hereditary service, inheritance, theft or usufruct, which at that time of registration of the instrument of division rests on the goods or part of the registry, is thereafter unchanged.


Article 115

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  • 1 When a right of inheritance or stabbation is involved in the split, the canon or charge payable thereafter shall be distributed over the apartment rights in a proportion as referred to in Article 3. Article 113 (2) .

  • 2 The association of owners is jointly and severally related to the canon or fee payable by one or more apartment owners.


Article 116

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  • 1 Where a right of inheritance or stabbation is involved in the division, in addition to the Articles 87 (2) and (3 and 88 it specified in the following paragraphs.

  • 2 Notice of the right of default in the payment of the canon or fees may only take place where the whole of the canon or fees has remained unpaid for two consecutive years.

  • 4 The part of the canon or fees due for an apartment has remained unpaid for the two consecutive years, the right of an apartment may be awarded to it by the judge on the application of the landowner. The summons must be served within eight days, on the grounds of inadmissibility, to those who are registered as a limited owner or a limited person on the apartment in the public registers.

  • 5 By registration in the public registers of the judgment declaring the allotment, the apartment shall be entitled to the landowner and the limited rights and herds resting thereon shall be cancelled. Such registration shall not be made before the judgment has been res judiced in force of the judgment. After this registration, the landowner is obliged to reimburse the value of the apartment at the time of registration to the former apartment owner, after deduction of the amount he has given in respect of the lease of the former. Having an apartment owner to claim, including the costs.

  • 6 In the instrument of establishment, the manner in which the value referred to in the preceding paragraph shall be determined may be indicated.

  • 7 Any clause which deviates at the expense of an apartment owner of this Article shall be null and void.


Article 117

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  • 1 An apartment law can be transferred, handed out, encumbered and extracted as an independent register.

  • 2 Without prejudice to: Article 114 (2) certain goods which are part of the division may not be transferred, divided, encumbered or extracted in whole or in part.

  • 3 Termination of the division with regard to some of the registered goods in the division may be terminated only by amendment of the instrument of division.

  • 4 By way of derogation from paragraph 2, the joint apartment owners may be responsible for an inherited service in the division.


Article 118

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  • 1 An apartment owner may, to the extent specified in the instrument of division, without cooperation from the other apartment owners on the part of the immovable property intended to be wholly owned by him as a single person. Use, provide a hereditary service for the benefit of another part of those cases or of any other immovable property.

  • 2 An apartment owner may, in so far as it is determined by the instrument of division, without cooperation from the other apartment owners, the establishment of an inherited service intended solely for the benefit of a part of the immovable property which is intended to be used as a separate entity entirely by him, and from such an inherited service.

  • 3 The hereditary service referred to in this Article shall be cancelled if the power to use only the part which is entrusted with the service or for which the heirservice is intended to serve ends.


Article 118a

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  • 1 An apartment owner may, in so far as it is determined by the instrument of division, without cooperation from the other apartment owners and persons limited to the part of the immovable property intended to be separate as a single person. to be used by him, a right of land lease and, except as far as the buildings, works and plantations involved in the division are concerned, establish a right of stabbings.

  • 2 The provisions of the Act of Establishment of the law shall determine the extent to which the owner is jointly and severally liable in addition to the apartment owner for the contributions due in respect of the apartment.

  • 3 Unless otherwise provided for the establishment of the right of leasehold rights, the right to vote relating to an apartment shall be exercised in the meeting of owners by the owner. Unless otherwise provided for in the establishment of the law of storage, the apartment owner who has established a right of stabbation shall retain the right to vote in his/her apartment in the meeting of owners.


Article 119

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  • 1 An apartment owner may make changes without the permission of the other apartment owners in a part intended to be used as a separate whole by him, provided that they do not adversely affect any other part. From what he takes away from a lawful change, he becomes sole proprietor.

  • 2 He is obliged to notify the association of owners without delay of any change. If the change leads to a change in the insurance premium, the difference will be borne by him and his successors in his legal order.

  • If, as a result of a change, the value of the goods involved in the division has been reduced by the removal of the division, even if the change was lawful, account shall be taken of the division of the community into account; shall be dependent on him who has made the change or his successor in law.

  • This Article may be derogated from by the Regulation and may, for the purposes of paragraph 2, be assimilated to changes in the manner of use with changes.


Article 120

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  • 1 Without prejudice to: Article 112 (4) An apartment owner has the power to use, or to use it himself as a separate whole, the part which is intended to be used as a separate whole by him, including the co-use of the parts which he/she shares with him. are not intended to be used as a separate whole.

  • 2 Requirements of the Rules of Procedure concerning use, management and maintenance shall also apply to any one which obtains the use. Other provisions of the Regulation may be declared applicable to the user in the Regulation.

  • 3 As regards a tenant, a regulation does not apply after the establishment of the lease agreement, unless it has agreed to it. If he refuses or declares his consent, the court of the district court of the district in which the building or the majority of it is situated may decide, at the request of each apartment owner, that the court or tribunal shall not have the right to The tenant rules applicable to the tenant.

  • 4 After the removal of the division, the persons entitled to the goods who were involved in the division shall be obliged to make a lease, provided that the time of the lease is in accordance with local use and that the lease is not unusual, The conditions for them have been taken into account.


Article 121

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  • 1 In all cases where an apartment owner is used to perform a particular act in respect of the parts which are not intended to be used as a separate whole and, in the case of a clause, as intended in the case of Article 112 (4) , with regard to parts intended to be used as a separate whole, to cooperate or to obtain permission from one or more other apartment owners, from the association of owners or its organs, or in which the association or association of the association of owners or bodies of the association of the owners or bodies of the association of the owners or its organs are to be authorised by one or more apartment owners to carry out such an act, and may, at the request of any person, be replaced by an authorisation from the cantonal judge of the District court in which the building or the largest part of it is Location. The authorisation may be granted where the cooperation or authorisation is refused without reasonable grounds or if the person who is to give it is not declared.

  • 2 If the transaction is accompanied by costs, the cantonal judge may also, at the request of an apartment owner or of the association of owners, determine the proportion of all or certain apartment owners or the association of owners in the market. Costs must contribute.

  • (3) If a new work or plant is to be introduced, the court judge may also decide on a system of rules determining that, and in what proportion, the apartment owners of all or certain apartment rights shall bear the costs of: any maintenance of the work or installation will be carried out in the future.

  • (4) The cooperation or authorisation of an operation relating to the management or maintenance of the various parts of the building, for which cooperation or authorisation has been granted by one or more apartment owners to whom at least Half of the number of votes in the meeting of owners can also be granted at the request of the municipality in which the building is located if the State of the building does not comply with Article 1a, first paragraph , or 1b, second paragraph, of the Housing Act or there is a serious threat of a situation such as this.


Article 122

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  • 1 Transition under special heading or sharing of an apartment shall be included, if not otherwise specified, including the rights acquired as an apartment owner.

  • 2 After the transfer or allocation, the transferee shall immediately inform the owners ' association of his procurement in writing.

  • 3 The transferee and the former apartment owner shall be jointly and severally liable for the contributions due in the current or preceding financial year to the payment of contributions due in the current or preceding financial year.

  • 4 The rules of procedure may determine the extent to which contributions, mentioned in the preceding paragraph, will be liable only to the former owner or to the transferee. The rules of procedure may also stipulate that certain contributions which may later be payable shall be linked to the former apartment owner instead of the transferee.

  • 5 The notary shall ensure that the instrument of assignment or assignment is annexed to an attestation issued by the management of the owners ' association, which shall, in respect of the contributions referred to in paragraph 3, for which the transferee will be liable, shall be responsible for the shall be an indication of the fact that the apartment owner is guilty of the transfer or assignment to the association on the day of the transfer or assignment. The transferee shall not be liable to the association beyond the amount of the sum which is shown by the declaration.

  • 6 The statement shall also include an indication of the size of the association reserve fund, referred to in Article 2 (1) of the Article 126 (1) .


Article 123

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  • 1 In the case of the usufruct of an apartment, the usufruct replaces the apartment owner with respect to the liability for the joint debts and the one to the joint apartment owners and the association. of contributions due from owners. However, the usufruct shall be entitled to recover from the apartment owner the amounts paid by him in so far as they do not refer to the ordinary burdens and repairs.

  • 2 Where the apartment owner has debts or contributions as referred to in paragraph 1, he may claim from the fruit user to return him the amounts paid, plus interest from the day of payment, in so far as they are on ordinary account; Charges and repairs shall be made. Of the other sums paid by the apartment owner, the fruit user owes only the interest from the day of payment to the end of the usufruct.

  • 3 Unless otherwise provided for the purpose of making the usufruct, the right to vote of an apartment shall be exercised by the fruit user in the meeting of owners.

  • 4 Article 122 shall apply mutatis mutandis to the establishment, transfer and the end of the usufruct of an apartment.


Section 2. The Association of Owners

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Article 124

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  • 1 The association of owners is a legal person.

  • 3 Title 2 of Book 2 shall be applicable only to the extent to which this Section refers.


Article 125

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  • 1 The assembly of owners shall confer on the association all the powers which are not conferred on other bodies by law or by their statutes.

  • 2 Each apartment owner shall be a member of the association of owners. When a member ceases to be an apartment owner, his membership shall cease to be automatic.


Article 126

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  • 1 The association of owners shall be responsible for managing the community, with the exception of those parts which are intended to be used as a separate whole. The association shall maintain a reserve fund in order to combat other than ordinary annual costs.

  • 2 The association may, within the limits of its competence, represent the joint apartment owners in and out of law.

  • 3 The association shall monitor the fulfilment of obligations arising in respect of the apartment owners in the case of, or pursuant to, the Law and the Rules of Procedure, and may, to this end, act in legal proceedings against them. Among apartment owners is understood here that derives a user's right to an apartment owner.

  • 4 As long as two-thirds of the apartment rights have not been transferred immediately after the creation of the owners 'association, the owners' association does not enter into contracts for maintenance for a longer period than one year.


Article 127

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  • 1 All apartment owners shall have access to the meeting of owners. Decisions shall be taken by an absolute majority of the votes cast, provided that the statutes do not otherwise determine.

  • 2 Unless otherwise determined by the Statute, the President of the meeting of owners shall be appointed by the assembly of the members of the Association. Both the Chairman and the Board of the Association shall have the power to convene the meeting.

  • 3 In the case of sub-division, the votes of the apartment owner whose entitlement has been split shall come to the persons entitled to the apartments resulting from the subdivision. These votes shall be cast in the meeting of owners by the board of the association of owners established at the sub-division. Votes need not be cast as a single vote. Persons entitled to the apartment rights resulting from the division shall be entitled to attend the meeting of owners. The Steering Board, referred to in the second sentence, shall have the power to speak in the sitting.


Article 127a

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  • 1 In the event of a serious threat of the emergence of a situation in which a part of the building not intended for use as a separate whole does not comply with Article 1a, first paragraph , or 1b, second paragraph, of the Housing Act , the municipality may, at its request, be authorised by the court judge of the district court of the district in which the building or the majority of it is situated, in order to:

    • (a) convene a meeting of owners in accordance with the rules laid down in the statutes;

    • (b) to attend the meeting, to speak and to present proposals on:

      • -the management and maintenance of the various parts of the building,

      • -contributions to the reserve fund,

      • -membership of another association or cooperation with a view to maintaining the various parts of the building;

      • -the composition of the Steering Board;

      • -the outsourcing of management to a professional administrator;

    • c. to entrust others other than board members with the leadership of the meeting.

  • 2 At the notice of the first paragraph it shall be indicated that it is effected by judicial authorization and by the authorities of the municipality. The convocation, which shall take place in accordance with the rules laid down in the rules of procedure or the statutes of the association of owners, shall be valid, even if it is found that the authorisation had been granted in an improper manner.

  • 3 No provision has been made against the cantonal court's decision, except in cassation for the sake of the act of law.


Article 128

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  • 1 The meeting of owners shall be empowered to lay down rules concerning the use of the parts which are not intended to be used as a separate whole, provided that there is no provision in the Rules of Procedure.

  • 2 Any apartment owner may ask a user to declare whether he is prepared to comply with a rule referred to in the preceding paragraph. If the user is unwilling or unable to do so, the cantonjudge within whose jurisdiction the building or most of it is situated may decide, at the request of each apartment owner, that the rule in respect of the the user is to apply.


Article 129

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  • 1 For the purposes of applying Article 14 of Book 2 the instrument of division shall be deemed to be equivalent to the statutes.


Article 130

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  • 1 By way of derogation from Article 15 (3) of Book 2 shall be the destruction of a decision taken by an institution of the association of owners by a judgment of the court of appeal of the district court of the district in which the building or the majority of it is situated, at the request of the person concerned. which can claim the destruction under this paragraph.

  • 2 The request for destruction must be made within one month of the date on which the applicant was notified of the decision or has been able to take note of it.

  • 3 The applicant, all other members of the vote and the association of owners shall in particular be called upon to be heard at the request. Appeals may be instituted only within one month of the date of the final decision.

  • 4 The court seised of the application shall be empowered to stay the decision until the request is irrevocable at the request.


Article 131

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  • 1 The board of the association is formed by one driver, unless the statutes determine that there will be two or more. In the latter case, the association shall be represented in respect of third parties by each of the directors, provided that the articles of association do not otherwise define otherwise.

  • 2 The board of directors shall be appointed by the meeting of owners, whether or not from the members, and may at any time be suspended or dismissed by it. A conviction for restoration of the employment relationship between the association and a driver cannot be ruled by the judge.

  • 3 In so far as the statutes do not otherwise determine, the board administers the means of association and carries out the care for the implementation of the decisions of the meeting of owners.

  • 4 By decision of the meeting of owners, a derogation from the previous paragraph may be made and instructions may be given to the board in respect of the exercise of his task. Such decisions may not be relied upon against the other party unless they were or were not known to the other party.


Article 132

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The apartment owners and users of the parts intended for use as a separate whole shall be required to provide access to a driver and persons to whom he/she shall assign access to those parts if this is to be used for the fulfilment of the information provided by the owner. The task of the Board is necessary.


Article 133

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  • 1 In case of non-compliance or absence of management, this shall be replaced by the Chairman of the meeting of owners, unless another provision is made in the Statute or by the Assembly.

  • 2 In cases where the association or the joint apartment owners have an interest, conflict with that of a driver, the chairman of the meeting of owners shall, when prevented or absent from other directors, also act in the location of the board.


Article 134

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  • 1 Exploiten and notices, addressed to the joint apartment owners, may be done to the person or residence of a director of the association; they may not need to take the names and residenties of the apartment owners. they contain.

  • 2 The driver shall immediately inform the apartment owners of the contents of the exploit or the notification.


Article 135

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The Articles 45 (4) and 48 of Book 2 shall apply.


Section 3. Rights from insurance contracts

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Article 136

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  • 1 He, who is obliged under the Rules of Procedure to ensure the building, represents the joint apartment owners in the exercise of the rights arising from the insurance contract, and conducts for them the management of the building. insurance loans received.

  • 2 As soon as the recovery is decided, the insurance accounts shall be used for this purpose, provided that the ratio of the value of the apartment rights after the recovery must be the same as in advance. However, any changes which an apartment owner in the part intended to be used as a whole by him may not be taken into account in the calculation of that value shall not be taken into account unless it is sufficient to do so in good time. had knowledge of the association of owners.

  • 3 Recovery of damage to parts which are intended to be used as a separate whole shall be effected as far as possible according to the instructions of the apartment owners in the business.

  • 4 Allowance to each of the apartment owners of the share of the insurance loan accounts is only:

    • a. If a surplus proves to be present after the damage has been recovered;

    • b. If three months have elapsed after the meeting of owners has decided to refrain from recovery or further recovery;

    • c. in the event of removal of the splitting operation.

  • 5 The provisions of this Article may be derogated from in the rules of procedure.


Article 138

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Disputes concerning restoration or recovery shall be decided by the court of the District Court of the Arrondissement, in which the building or the majority thereof is situated, at the request of the most conuded party. Appeal may be lodged only within one month of the day on which the final decision is made.


Section 4. Amendment of the instrument of division and removal of the division

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Article 139

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  • 1 The instrument of division may be amended with the cooperation of all the apartment owners.

  • 2 The change may also be made with the help of the Board if the decision to amend is taken in the meeting of owners, with a majority of at least four fifths of the number of votes in the Committee of the European Union, place an apartment owner, or by a larger majority, as provided for in the instrument of division. The period for summons to the meeting shall be at least 15 days. Article 42 paragraphs 1, first sentence, 2, first sentence, and 3 of Book 2 shall apply mutatis mutandis.

  • 3 Amendment of the instrument of division shall be subject to the consent of those who have a limited right to an apartment, of those who have seized them and, if a right of succession or stabbation is involved in the division, of the landowner. Permission is also required of beneficiaries to receive hereditary servitude, if their right is shortened by the amendment.

  • 4 If the amendment relates solely to the Regulation, the permission of the attachment-laying vessels is not necessary.

  • 5 The amendment shall be made by a notarial note, followed by registration of that instrument in the public registers. If the change relates to the boundaries of parts of the building or to the land intended to be used as a separate whole, Article 109 (2) applicable mutatis mutandis.


Article 140

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  • 1 If one or more of the following: paragraphs 1 and 3 of the previous article Persons who do not declare themselves or refuse to cooperate or agree without reasonable grounds may be replaced by an authorisation from the court of the district court of the district in which the building or the largest part of the territory is part of which is situated.

  • 2 The authorisation may be granted only at the request of one or more apartment owners to whom at least one half of the number of votes in the meeting of owners is due.

  • 3 The authorisation may also be granted at the request of two apartment owners, or at the request of an apartment owner to whom different apartment rights belong, where the change is intended solely for a change of the cross-delimitation of the portions intended by them as a separate whole shall be used, whether or not accompanied by a change in the mutual ratio of their shares in the goods involved in the division; or their contributions to the debts and costs incurred by the law or by the rules of procedure of the joint apartment owners are coming.

  • 4 Any person whose cooperation or consent is due to Article 139 must be called upon, in particular, to be heard on a request such as those referred to in the preceding paragraphs.


Article 140a

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  • 1 If one or more of the in paragraphs 1 and 3 of Article 139 They do not declare themselves whether or without reasonable grounds refuse to cooperate or to grant an amendment to the rules of procedure proposed at the foot of the Article 127a, first paragraph, part b , it may be replaced by an authorization from the court judge of the district court of the district in which the building or the majority of it is situated.

  • 2 The authorisation may be granted only at the request of the municipality in which the building is situated, if one or more apartment owners to whom at least half of the number of votes in the meeting of owners is due for the have or have declared that change in the rules in question.

  • 3 All persons from whom cooperation or consent is received Article 139 must be called upon, in particular, to be heard on a request as referred to in the second paragraph.


Article 140b

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  • 1 On claim of an apartment owner who is not for an in accordance with Article 139 (2) acting by a majority of the votes to amend the instrument of division, the decision shall be destroyed by a judicial decision.

  • 2 The powers to claim destruction shall be subject to a limitation period of three months, which shall begin with the beginning of the day following that on which the decision was taken by the meeting of owners.

  • 3 The court may dismiss the claim where the claimant does not suffer from the damage or has been offered reasonable compensation and has been given sufficient security for payment of such compensation.


Article 141

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  • 1 In the absence of any of the Articles 139 , 140 and 140a shall be destroyed by a judicial decision on the application of the authorisation or for that purpose in the place of such authorisation. The amendment shall be destroyed by a court ruling on the application of any such authorisation.

  • 2 The powers to recover from destruction shall be subject to a given year, which shall begin with the beginning of the day following that on which the person concerned has taken note of the change or has taken note of the change in writing. of that amendment has been communicated.

  • 3 The court may dismiss the claim where the claimant does not suffer from the damage or has been offered reasonable compensation and has been given sufficient security for payment of such compensation.


Article 142

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  • 1 Limited rights and herds to which the apartment rights are taxed, rest after the change of the deed of division to the modified apartment rights, unless the instrument of change determines otherwise.

  • 2 Privileges remain after the change.


Article 143

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  • 1 The division shall be abolished by law:

    • (a) in the event of the termination of a law of land or house in the division where, in addition to that right, no other goods are involved in the division and the termination is not accompanied by the establishment of a new right of leaselease or stables of the apartment owners on the same immovable property;

    • b. by registration in the public records of the judgment in which a land cadastral in the division is unteatified in its entirety, where no other parcels are involved in the division.


Article 144

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  • 1 Upon request of a person whose cooperation or consent is required to change the deed of division or to terminate the division, the cantonjudge of the district court in which the building or the largest part of the division is is located, orders the act of division to be changed or the splitting operation shall be removed:

    • a. Where the instrument of division does not comply with the requirements of the Articles 111 and 112 requirements;

    • b. where the installation of the parts of the building or the establishment or designation of the parts of the land intended to be used as a separate whole does not show that destination;

    • c. where the building or establishment of the building or the establishment or designation of the land is not or no longer corresponds to the description given in the instrument of division;

    • d. in the case of splitting with application of Article 107 , where the foundation or the modified establishment of the building is not completed within a period of three years from the day of registration;

    • e. where a right of land lease or storage that is involved in the division in addition to one or more other types of goods ends;

    • f. where a part of the goods register in the division has been extracted, part of the land register is expropriated, or the person carrying out the division was not competent to deal with part of the register goods involved in the division to dispose of;

    • g. when the building is seriously damaged or completely or partially demolished, unless recovery is expected within a reasonable time;

    • h. when all the apartment owners have committed to an agreement until the amendment or termination.

  • 2 The court may attach conditions to the allocation of the request.


Article 145

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  • 1 The apartment owners are obliged to give an order as referred to in the previous article as soon as the decision has been made in force of res judiced. The items in the Articles 139 paragraphs 1 and 3 and 143 (2) such authorisation shall not be required in this case.

  • 2 If the cantonal judge with application of Article 300 of Book 3 He shall, at the request of the most resciled party or of his own motion, appoint a representative; the salary shall be borne by the represented person.


Article 146

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Limited rights, herds and privileges of an apartment rests upon the removal of the split on the share of the former apartment owner in the goods involved in the split.


Article 147

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  • 1 The association of owners shall be disbanded by the termination of the division.

  • 3 The balance of the liquidator remaining after the satisfaction of the creditors of the assets of the disbanded association shall be borne by those who, when the division was removed, each for a share as referred to in Article 1 (1) Article 113 (1) .