Key Benefits:
ACT
of 23 April 1964
Civil Code 1)
THE FIRST BOOK
GENERAL
TITLE I
Introductory provisions
Article 1. [ Regulatory scope] This Code regulates civil-law relations between natural persons and legal entities.
Article 3. [ Retrospective power of the Act] The Act does not have retroactive effect, unless it is due to its wording or purpose.
Article 5. [ Subuse of subjective rights] It is not possible to make use of its right of use, which would be contrary to the socio-economic purpose of this right or the principles of social coexistence. Such action or omission shall not be deemed to be the exercise of the right and shall not benefit from the protection.
Article 6. [ Burden of proof] The burden of proving the fact lies with a person who has the effect of having legal effects.
Article 7. [ Presumption Of Good Faith] If the law makes the legal consequences of good or bad faith, the existence of good faith is presumed.
TITLE II
People
SECTION I
Natural persons
Chapter I
Legal capacity and capacity for legal action
Article 8. [ Legal capacity] § 1. Every man from birth has a legal capacity.
§ 2. (repealed)
Article 9. [ The presumption of birth of a live child] In the event of a child's birth, it is presumed that it came into the world alive.
Article 10. [ Person of age] § 1. He's a full year old who graduated from the age of eighteen.
§ 2. By the conclusion of marriage, a minor shall be granted a full age. She's not losing her in the event of marriage annulment.
Article 11. [ Full capacity for legal action] The full capacity for legal action shall be acquired as soon as the age of age is obtained.
Article 12. [ Lack of capacity for legal action] They do not have the capacity for legal acts of a person who has not completed the thirteen years, and those who have been incapacitated completely.
Article 13. [ Uineralannisolation] § 1. A person who has completed thirteen years may be incapacitated completely if, as a result of mental illness, mental maldevelopment or other psychiatric disorders, in particular drunkenness or drug addiction, he is not able to direct its investigation.
§ 2. For incapacitated, care shall be fully established, unless it is still under parental authority.
Article 14. [ Consequences of incapacity for legal action] § 1. A legal action by a person who does not have the capacity to act is invalid.
§ 2. However, when a person who is unable to act has entered into an agreement in respect of contracts which are generally concluded in minor current affairs of everyday life, such an agreement shall become valid at the time of its execution, unless it entails grossly Urticaria of a person who is incapable of legal action.
Article 15. [ Limited capacity for legal action] Limited capacity for legal acts have minors, who have completed thirteen years, and persons incapacitated partly.
Article 16. [ Partial incapacitation] § 1. A person of age may be incapacitated partly due to a mental illness, mental maldevelopment or other psychiatric disorders, in particular drunkenness or drug addiction, if the condition of the person does not justify the incapacitation If you have a total, you need help to carry out your affairs.
§ 2. For an incapacitated person, a probation officer shall be partially established.
Article 17. [ Consent of the statutory representative] Subject to the exceptions in the statute provided for, the validity of a legal act by which a person limited in the capacity to act acts or dispose of his or her right, shall be required by the consent of its statutory representative.
Article 18. [ Contract Confirmation] § 1. The validity of the contract, which has been concluded by a person limited in the capacity for legal acts without the required consent of the statutory representative, depends on the confirmation of the contract by this representative.
§ 2. A person limited in legal capacity may confirm the contract by itself after obtaining full legal capacity.
§ 3. A party which has entered into an agreement with a person limited in capacity for legal action may not plead the absence of the consent of its statutory representative. However, it may designate that representative an appropriate time limit for the confirmation of the contract; it shall become free after the expiry of the time limit which has been unsuccessfully.
Article 19. [ Single-tailed legal action] If a person limited in the capacity for legal acts has carried out the same unilateral legal act to which the Act requires the consent of a statutory representative, the task is invalid.
Article 20. [ Agreement on Small Matters] A person limited in the capacity for legal action may, without the consent of the statutory representative, conclude contracts belonging to contracts commonly concluded in minor current affairs of everyday life.
Article 21. [ Economic regulation] A person limited in the capacity for legal action may, without the consent of the statutory representative, dispose of his or her earnings, unless the procuring court for valid reasons otherwise decides.
Article 22. [ Objects released for free use] Where a statutory representative of a person who is limited in the capacity for legal acts has given his or her particular assets into free use, that person shall be entitled to the full capacity of the legal acts to which those objects relate. The exception shall constitute legal acts for which the consent of the statutory representative is not sufficient to do so by statute.
Article 22 1 . [ Consumer] The consumer is considered to be a natural person who has an entrepreneur with a legal act which is not directly related to his or her business or profession.
Article 23. [ Personal] Personal property of man, as in particular health, freedom, honor, freedom of conscience, surname or pseudonym, image, secret of correspondence, inviolability of an apartment, scientific, artistic, invention and rationalization, remain under the protection of civil law, irrespective of the protection provided for in other legislation.
Article 24. [ Protection of personal goods] § 1. The person who is in danger of being threatened by another person may be required to refrain from doing so unless it is not unlawful. In the event of an infringement, he may also require that the person who has committed the infringement has completed the steps necessary to remove the effects thereof, in particular to make a statement of the relevant content and in an appropriate form. On the basis of the principles laid down in the Code, it may also require the payment of monetary or payment of an appropriate amount of money to a designated social objective.
(2) If, as a result of a breach of the personal property, damage to the property has been caused, the victim may be required to remedy it on a general basis.
§ 3. These provisions shall not prejudice the powers provided for in other provisions, in particular in the copyright law and in the law of inventions.
Chapter II
Place of residence
Article 25. [ Place of residence] The place of residence of the natural person is the place where the person is staying with the intention of permanent residence.
Article 26. [ Place of residence of the child] § 1. The place of residence of the child under parental authority shall be the place of residence of the parents or of those of the parent who is exclusively entitled to parental authority or has been entrusted with the exercise of parental authority.
(2) If the parental authority is entitled to a parent who has a separate place of residence on an equal basis, the child's place of residence shall be at the same time as the parent in which the child is resident. If the child is not resident in any one of his parents, his/her place of residence shall be determined by the procurator
Article 27. [ Domicile of the person to be taken care of] The place of residence of the person in custody is the place of residence of the procurator.
Article 28. [ One place of residence] You can have only one place of residence.
Chapter III
Recognition of the deceased
Article 29. [ Term of recognition as deceased] § 1. A missing person may be declared dead if ten years have passed since the end of the calendar year in which he still lives according to existing messages; however, if he had completed seventy at the time of his recognition as a dead person, it would be enough to end the years. five.
§ 2. The recognition of the deceased shall not take place before the end of the calendar year in which the missing person shall have completed twenty three years.
Article 30. [ Special events] § 1. Who has gone missing during an air or sea trip in connection with a shipwrecked ship or a ship or in connection with another specific event, this may be deemed to have died after six months from the date on which the disaster occurred or other special event.
(2) If the ship or ship's shipwrecking cannot be established, the six-month period shall begin on the expiry of the year from the date on which the vessel or vessel was to arrive at the port of destination and, if it did not have a port of destination, on the expiry of the years two from the day the last message was about him.
§ 3. He who has gone missing in connection with imminent danger to life not provided in the preceding paragraphs, may be declared dead after one year from the day when the danger ceased, or the circumstances should have ceased.
Article 31. [ Moment of the alleged death] § 1. It is presumed that the missing person died at the time marked in the ruling on the recognition of the deceased.
§ 2. As a moment of the alleged death of a missing person, there is a moment which, according to the circumstances, is most probable, and in the absence of any data, the first day of the term from which the passing of the dead became possible.
§ 3. If, in the judgment on the recognition of the deceased's time of death, it has been marked only by the date of the day, the alleged death of the missing person shall be deemed to be the end of that day.
Article 32. [ Presumption of simultaneous death] If a few people have lost their lives in a joint danger, they are presumed to have died at the same time.
SECTION II
Legal persons
Article 33. [ Legal person] Legal persons are the State Treasury and organisational units, the specific provisions of which confer legal personality.
Article 33 1 . [ Organisational Units] § 1. Legal personality provisions shall apply mutatis mutandis to non-legal entities to which the Act grants legal capacity.
(2) If the separate provision does not provide otherwise, the liability of the undertaking referred to in paragraph 1 shall be borne by the members of the entity; this liability shall arise from the moment when the undertaking has become insolvent.
Article 34. [ State Treasury] The State Treasury is in a civil-law relationship a subject of rights and obligations, which concern state property not belonging to other state legal persons.
Article 35. [ Organisation of Legal Persons] The establishment, the system and the law of the legal persons shall lay down the appropriate provisions; in cases and within the scope of those provisions, the organisation and operation of the legal person shall also be governed by the statutes of that body.
Article 37. [ Obtaining legal personality] § 1. The organisational unit shall obtain legal personality from the moment of its entry in the relevant register, unless otherwise provided for in specific provisions.
§ 2. Types of registers and their organisation and manner of conduct are governed by separate regulations.
Article 38. [ Representation of legal entity] A legal person shall act by his authorities in the manner provided for in the Act and in the statutes based on it.
Article 39. [ Unsolicitation] § 1. Who, as a body of a legal person, has entered into an agreement on its behalf without being a body or exceeding the scope of the authority of such a body, shall be obliged to repay what he has received from the other party in the performance of the contract, and to make good the damage which the other the party has suffered because it has entered into a contract without knowing about the lack of solicitation.
§ 2. This provision shall apply mutatis mutandis in the event that the contract has been concluded on behalf of a legal entity which does not exist.
Article 40. [ Liability of the Treasury] § 1. The State Treasury shall not be liable for the obligations of the State's legal persons, unless the separate provision provides otherwise. State legal persons are not liable for the obligations of the State Treasury.
§ 2. In the event of a gratuitous acquisition, on the basis of the applicable laws, the specified element of property from the state legal entity to the State Treasury, the latter corresponds in solidarity with the legal person for the obligations arising during the period when the component constituted the property of the legal person concerned, up to the value of that legal person, as determined by the state at the time of the acquisition, and at the time of payment.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the liability of local government units and local government bodies.
Article 41. [ Seat of the legal person] If the statute or the statute based on it does not provide otherwise, the seat of the legal person shall be the place where its governing body is situated.
Article 42. [ No authorities] § 1. If a legal person cannot carry out his or her own cases in the absence of those appointed to that body, the court shall establish a curator for it.
§ 2. The curator should endeavour immediately to appoint the organs of the legal person and, if necessary, to liquidate it.
Article 43. [ Good personal legal person] The provisions on the protection of personal property of natural persons shall apply mutatis mutandis to legal persons.
SECTION III
Economic operators and their designations
Article 43 1 . [ Entrepreneur] An entrepreneur is a natural person, a legal person and an organization unit referred to in art. 33 1 § 1, leading in its own name an economic or professional activity.
Article 43 2 . [ Company] § 1. The entrepreneur operates under the company.
§ 2. The company shall be disclosed in the relevant register, unless the separate provisions provide otherwise.
Article 43 3 . [ Company characteristics] § 1. The entrepreneur company should distinguish itself sufficiently from the companies of other entrepreneurs operating in the same market.
§ 2. The company shall not mislead, in particular as to the person of the entrepreneur, the object of the entrepreneur's activity, the place of business, the sources of supply.
Article 43 4 . [ Physical Person Company] The company of a natural person is her name and surname. This does not exclude the inclusion in the company of a pseudonym or a term indicating the object of the entrepreneur's activity, the place of its conduct and any other terms freely obruted.
Article 43 5 . [ Legal person company] § 1. The name of the legal entity is its name.
§ 2. The company contains the definition of the legal form of the legal person, which may be given in a nutshell, and may also indicate the subject of the activity, the seat of that person and other terms of any arbitrarily peeled.
§ 3. A company of a legal person may contain the name or nickname of a natural person if it serves to show the relationships of that person with the establishment or activity of the entrepreneur. Placing the name of a natural person in the firm requires the written consent of that person and, in the event of death, the consent of the person's spouse and children.
§ 4. The entrepreneur can use the abbreviation of the company. Article Recipe 43 2 § 2 shall apply mutatis mutandis.
Article 43 6 . [ Company branch of the legal person] The company branch of the legal person shall contain the full name of that person and the term 'branch' with an indication of the locality in which the branch is established.
Article 43 7 . [ Company Change] A change of company requires disclosure in the register. If a legal person is converted, the current company may be retained, except for the legal form of the legal person, if the legal person has changed. The same applies to the transformation of a company.
Article 43 8 . [ Loss of membership by an accomplice] § 1. In the event of a loss of membership by an accomplice whose name was placed in the company, the company may retain in its company the name of the former partner only as expressed in writing his consent, and in the event of his death, with the consent of his spouse and children.
§ 2. Paragraph 1 shall apply mutatis mutandis in the event of the continuation of the economic activity of a natural person by another natural person who is the successor to the natural person.
§ 3. Who acquires the company, can continue to lead them under the name of the company. However, it should place an additive indicating the buyer's company or name, unless the parties have decided otherwise.
Article 43 9 . [ Becoming a company] § 1. The company cannot be disposed of.
§ 2. An entrepreneur may empower another entrepreneur to use his company, if he does not mislead it.
Article 43 10 . [ Threat of company's right to the company] An entrepreneur whose right to a company has been jeopardised by someone else's action may request that the action be abandoned unless it is not unlawful. In the event of an infringement, it may also require the removal of its effects, the submission of a declaration or statements in the relevant content and form, the compensation of general damage to the property or the issue of the benefit of the person who has committed the damage. infringements.
TITLE III
Property
Article 44. [ Property] The property is property and other property rights.
Article 44 1 . [ Entities of State property] § 1. Property and other property rights, which are state property, are owned by the State Treasury or by other State legal entities.
§ 2. The property powers of the State Treasury with regard to state legal persons shall lay down separate provisions, in particular the arrangements governing their system of law.
Article 45. [ Stuff] A matter within the meaning of this Code is only material objects.
Article 46. [ Real Estate] § 1. The real estate is a part of the earth's surface constituting a separate object of property (land) as well as buildings permanently connected with the land or parts of such buildings if, by virtue of special provisions, they constitute a separate item of land ownership.
§ 2. The keeping of the perpetual books is governed by separate regulations.
Article 46 1 . [ Agricultural real estate] Agricultural land (agricultural land) is a property which is or may be used for manufacturing activities in agriculture in the field of plant and animal production, without excluding horticultural, orchard and fishfish production.
Article 47. [ Component part of things] § 1. The constituent part of a thing shall not be the separate object of property and other rights in rem.
§ 2. The common part of things is everything that cannot be detached from it without damage or substantial change of the whole or without damage or material change of the detached object.
§ 3. The objects connected with the thing only for the passing of use do not form part of its components.
Article 48. [ Soil Component Part] Subject to the exceptions in the law provided for, the components of the land shall, in particular, include buildings and other equipment permanently associated with the land, as well as trees and other plants from the time of planting or sow.
Article 49. [ Enterprise Devices] § 1. Equipment used for the supply or discharge of liquids, vapour, gas, electricity and other similar appliances shall not belong to the components of the property if they are part of an undertaking.
§ 2. The person who incurred the costs of construction of the equipment referred to in § 1, and is the owner of the equipment, may require that the entrepreneur who has joined the equipment on his network acquired their property for the appropriate remuneration, unless in the agreement of the party They have decided otherwise. An entrepreneur may also request the transfer of ownership of these devices.
Article 50. [ Rights as constituent parts of the land] The building blocks of the property are also considered to be the rights related to its property.
Article 51. [ Membership] § 1. Receivables are the moving things needed to use another thing (main thing) according to its intended purpose, if they remain with it in the actual relationship corresponding to that purpose.
§ 2. It must not be an insatiable thing not belonging to the owner of the main thing.
§ 3. The affiliation does not lose that character by passing away its actual relationship with the main thing.
Article 52. [ Legal action for main things] A legal action which is the subject of a main object also relates to membership, except where it is otherwise apparent from the content of the task or from specific provisions.
Article 53. [ Things loaned] § 1. The natural borrowing of things is its fetuses and other components that are detached from it, if, according to the rules of the normal economy, they represent a normal income from things.
§ 2. The civil service of things is the income that it brings on the basis of the legal relationship.
Article 54. [ Rights borrowed] The rights of the law are the revenue which the law provides in accordance with its socio-economic purpose.
Article 55. [ Retrieve of loans] § 1. The eligible for the collection of the benefit is natural borrowing, which has been disconnected from the property during the duration of its entitlement, and the civil loan, in relation to the duration of the entitlement.
§ 2. If the right to collect the benefits, he has made a contribution in order to obtain the benefits that have been granted to another person, his remuneration shall be paid for those expenses. The remuneration cannot be transferred to the value of the loans.
Article 55 1 . [ Enterprise] The company is an organized team of intangible and material components dedicated to doing business.
It shall cover in particular:
1) the designation of the individual undertaking or its extracted parts (company name);
2) property of immovable property or movable property, including equipment, materials, goods and articles, and other property rights in real estate or movable property;
3) rights arising from the lease and leasing contracts of immovable property or movable property and the right to use immovable property or movable property arising from other legal relations;
4) receivables, securities law and cash;
5) concessions, licences and permits;
6) patents and other industrial property rights;
7) property copyrights and property rights related rights;
8) the secrets of the company;
9) the books and documents relating to the conduct of business.
Article 55 2 . [ Legal action for enterprise] A legal act which is the subject of an undertaking shall cover all that is part of the undertaking, unless it is otherwise due to the content of the legal act or of the special provisions.
Article 55 3 . [ Agricultural holding] Agricultural land shall be regarded as agricultural land, including forest land, buildings or parts thereof, equipment and livestock, if they are, or may be, an economic organised whole, and the rights associated with the holding of the agricultural holding.
Article 55 4 . [ Liability of the purchaser of The purchaser of an undertaking or an agricultural holding shall be jointly and severally liable with the seller for his obligations in relation to the establishment of the undertaking or the holding, unless he/she did not know of those obligations at the time of the acquisition, despite the conduct of the due diligence. The buyer's liability shall be limited to the value of the company or holding acquired at the time of acquisition and at the time of satisfaction of the creditor. This liability cannot be excluded or limited without the consent of the creditor.
TITLE IV
Legal
SECTION I
General provisions
Article 56. [ Consequences of legal action] The legal action does not only produce the effects expressed in it, but also those resulting from the law, from the principles of social coexistence and from established customs.
Article 57. [ Regulation by law] § 1. The right to transfer, debit, change or abolition of the right may not be excluded from the legal act if, in accordance with the law, this law is transferable.
§ 2. The above provision does not preclude the admissibility of the obligation that the authorized shall not make the regulations marked by law.
Article 58. [ Validity of legal action] § 1. A legal act contrary to the law or to circumvent the law is invalid unless the relevant provision provides for a different effect, in particular the fact that the law of the law is invalid for the place of the invalid provisions of the legal act.
§ 2. A legal action contrary to the principles of social coexistence is not important.
§ 3. If only part of the legal action is affected, the operation shall remain in force as to the other parts, unless it is apparent from the circumstances that without the provisions affected by the invalidity, the task would not have been effected.
Article 59. [ Relative ineffectiveness of contract] In the event of a contract the execution of which renders wholly or partially impossible to redress the claim of a third party, that person may demand the recognition of the contract as ineffective in relation to it, if the parties to its claim have been known or if the contract was free of charge. The recognition of an agreement as an ineffective shall not be required after the end of the year following its conclusion.
Article 60. [ Statement of will] Subject to the exceptions in the statute provided for, the will of the person making the legal action may be expressed by any conduct of that person who shall disclose her will in a sufficient manner, including by the disclosure of that will in the form of electronic (declaration of will).
Article 61. [ Moment of submission] § 1. A declaration of will to be submitted to another person shall be made when the declaration has taken place in such a way that it has been able to read its contents. Such a declaration shall be made effective if it has taken place simultaneously with that statement or earlier.
§ 2. The statement of will expressed in electronic form is made to another person when they have been introduced to the means of electronic communication in such a way that the person is able to read the contents of the electronic communication.
Article 62. [ Death of the filing declaration of will] A declaration of intent to be submitted to another person shall not be forfeit due to the fact that, before that person has taken place, the applicant has died or has lost his capacity for legal action, unless it is otherwise apparent from the content of the statement, from the law or from the circumstances.
Article 63. [ Consent of third party] § 1. If the consent of a third party is required for the purposes of legal action, that person may also give his consent before or after the submission of the declaration by the persons who carried out the action. The consent given after the submission of the declaration has retroactive effect from its date.
§ 2. If a special form is required for the validity of a legal act, a statement involving the consent of a third party should be made in the same form.
Article 64. [ Judgment of the court replacing the declaration of will] The final judgment of the court stating the obligation of the person concerned to submit a flagged declaration of will, shall be replaced by the statement.
Article 65. [ Interpretation of the declaration of will] § 1. The statement of will should be explained in such a way as to make it necessary because of the circumstances in which the rules of social coexistence have been filed and the customs rules established.
§ 2. The agreements should rather examine what the intentions of the parties and the purpose of the contract were, than to be based on the exact wording of the agreement.
Article 65 1 . [ Application of provisions on declarations of will] The provisions on declarations of will shall apply mutatis mutandis to other statements.
SECTION II
Conclusion
Article 66. [ Offer] § 1. The statement of the other party's will to conclude an agreement constitutes an offer if it determines the essential provisions of that agreement
§ 2. If the tenderer has not indicated in the tender the time limit within which the reply is to be expected, the offer made in the presence of the other party or by means of direct communication at a distance ceases to bind as soon as it is not accepted immediately; otherwise, the applicant shall cease to bind at the end of the time in which the tender may in the ordinary course of the operation receive a reply sent without undue delay.
Article 66 1 . [ Composite tender in electronic form] § 1. An offer made in electronic form shall be binding upon the applicant if the other party immediately confirms receipt of the tender.
§ 2. An entrepreneur submitting an offer in electronic form shall be obliged before the conclusion of the contract to inform the other party in a unambiguous manner and understandable by:
1) the technical activities consisting of the procedure for concluding the contract;
2) legal effects of confirmation by the other party of receiving the offer;
3) the principles and ways of perpetuating, securing and making available, by the entrepreneur, the other party to the content of the contract;
4. the methods and technical measures for detecting and correcting errors in the input that is required to be made available to the other party;
5. the languages in which the contract may be concluded;
6) the ethical codes that they apply and their availability in electronic form.
§ 3. Article 2 (2) shall apply mutatis mutandis where the trader invites the other party to enter into negotiations, to submit a bid or to enter into a contract in other ways.
§ 4. The provisions of paragraphs 1 to 3 shall not apply to the conclusion of contracts by electronic mail or similar means of distance communication. They shall also not apply in the relations between business operators if the parties so decide.
Article 66 2 . [ Quote Reference] § 1. In relations between entrepreneurs, the offer may be cancelled before the conclusion of the contract, if the declaration of appeal has been submitted to the other party before it has sent a statement of acceptance of the offer.
§ 2. However, tenders may not be cancelled if this is due to the content of the tender or the date of acceptance of the tender.
Article 67. [ Response Latency] If the declaration of acceptance of the offer has been delayed but from its contents or from the circumstances it is apparent that it has been sent in due time, the contract shall take effect, unless the applicant notifies immediately the other party that, as a result of the The response delays are not concluded.
Article 68. [ Disclaimer of change or completion of tender] Acceptance of the offer made subject to the amendment or addition of its content is made for a new offer.
Article 68 1 . [ Response on offer] § 1. In relations between entrepreneurs, the response to the offer subject to changes or additions to non-changer substantially content of the offer is made for its adoption. In such a case, the parties shall link the agreement on the content specified in the tender, taking into account the reservations contained in the response to it.
§ 2. The provision of the preceding paragraph does not apply if the contents of the tender indicate that it can only be accepted without reservation, or where the tenderer immediately objected to the inclusion of the objections to the contract, or when the other party in response to the the offer made it subject to its acceptance of the tenderer's consent to the inclusion of objections to the contract, and the agreement has not been received without delay.
Article 68 2 . [ No immediate response] If an entrepreneur has received an offer from a person with whom he is in constant economic relations, the offer to conclude an agreement in the course of his business, the absence of an immediate response is made to accept the offer.
Article 69. [ Fulfillment] If, according to the customary relationship or by the content of the tender, there is a bid to make a declaration to the other party of its acceptance, it is not required, in particular if the applicant is asked to perform the contract without delay, the contract takes effect, since the other party in due time will proceed to its implementation; otherwise, the offer shall cease to be binding.
Article 70. [ Moment and place of conclusion of the agreement] § 1. In case of doubt, an agreement shall be made as being concluded at the time of receipt by the applicant of a declaration of acceptance, and if a declaration of acceptance is not required to make a declaration of its acceptance, at the time of accession by the other the page to execute the contract.
§ 2. In case of doubt, the agreement shall be made as being concluded at the place of receipt by the applicant of a declaration of acceptance, and if the applicant is not required to make a declaration of its acceptance, or if the offer is made in the form of a declaration at the time of conclusion of the contract, either in the place of residence or at the place where the offer is made
Article 70 1 . [ Auction and tender] § 1. The contract may be concluded by auction or by tender.
§ 2. The announcement of the auction or tender shall specify the time, place, object and conditions of the auction or the invitation to tender, or indicate how the conditions are to be made available
§ 3. The notice, as well as the terms of the auction or the tender, may be amended or revoked only if it is reserved in their content.
§ 4. The organiser shall, from the time when the conditions are made available, and the tenderer has been required to proceed in accordance with the provisions of the notice and the terms of the auction or tender from the time when the offer is made in accordance with the notice of the auction.
Article 70 2 . [ Conclusion of the contract as a result of the auction] § 1. A bid in the course of an auction ceases to bind when another bidder (bidder) has made a bid more advantageous unless otherwise reserved in the auction conditions.
§ 2. The conclusion of the contract as a result of the auction takes place upon the moment of the award.
§ 3. If the validity of the contract depends on the fulfilment of the specific requirements provided for by the Act, both the organizer of the auction and its participant, whose bid has been accepted, may asserted the conclusion of the contract.
Article 70 3 . [ Close tender] § 1. Tenders submitted in the course of a tender shall cease to be binding when another tender has been selected, or where a tender has been closed without selecting any of the tenders, unless otherwise specified in the terms of the tendering procedure.
§ 2. The Organizer is obliged to notify the participants in writing either of the outcome of the invitation to tender, or to close the tender without making a choice.
§ 3. To determine the time when the contract is concluded by tender, provision shall be made for the acceptance of the tender, unless otherwise specified in the terms of the invitation to tender. Article Recipe 70 2 § 3 shall apply mutatis mutandis.
Article 70 4 . [ Wadium] § 1. Under the conditions of an auction or a tendering procedure, it may be stipulated that the acceding or tender should, under the rigour of not being admitted to them, either pay the organiser a certain sum or establish the appropriate security for payment of the payment (defector).
§ 2. If a participant of an auction or a tender, despite the choice of its tender, is abrogated from the conclusion of the contract, the validity of which depends on the fulfilment of the specific requirements provided for by the Act, the organizer of the auction or the tender may withdraw the sum of either to enforce the security of the security. In other cases, the security of the security shall be immediately returned and the security laid down shall be extinguished. If the organizer of the auction or the tender abrogates from the conclusion of the contract, their participant, whose tender has been chosen, may request the payment of a double wadium or remedy the damage.
Article 70 5 . [ Annulment of the concluded agreement] § 1. The organizer and the participant of the auction or tender may request the cancellation of the concluded contract if the party to that contract, another participant or person acting in agreement with them has affected the outcome of the auction or the tender in a manner contrary to the law or good rites. If the contract has been concluded for the benefit of the contract, the invalidity of the contract may also be required for the contract to be entered in the contract or the contract has been concluded for the account or the contract is
§ 2. The above shall expire on the expiry of the month from the date on which the entitled became aware of the existence of the cause of the invalidity, but not later than the end of the year from the date of conclusion of the contract.
Article 71. [ Invitation to conclude an agreement] Advertisements, advertisements, price lists and other information, addressed to the general public or to individual persons, shall be made in case of doubt not to be an offer, but for an invitation to enter into an agreement.
Article 72. [ Negotiations] § 1. If the parties negotiate with a view to concluding a designated contract, the agreement shall be concluded when the parties agree on all the provisions of the agreement which have been negotiated.
§ 2. A party which has commenced or conducted negotiations in violation of good customs, in particular without the intention of concluding an agreement, shall be obliged to make good the damage which the other party has suffered by the fact that it was counting on the conclusion of the contract.
Article 72 1 . [ Confidentiality of information] § 1. If, in the course of negotiations, the party has made available the information subject to confidentiality, the other party shall be obliged not to divulge and impart it to other persons and not to use that information for its own purposes, unless the parties have agreed to otherwise.
§ 2. In the event of a failure or failure to comply with the obligations referred to in paragraph 1, the holder may require, on the other hand, the damage or rewards of the damage which he has obtained.
SECTION III
Form of legal action
Article 73. [ Disclaimer of the form under the action of invalidity and for the invocation of certain effects] § 1. If the Act reserves for legal action a written, documentary or electronic form, the act without the preservation of the reserved form shall be invalid only if the Act provides for the rigor of invalidity.
§ 2. If the Act reserves for legal action another special form, the act done without the preservation of this form is invalid. However, this does not concern accidents where the behaviour of a particular form is reserved only for the invocation of certain effects of a legal act.
Article 74. [ Disclaimer of form for evidentiary purposes] § 1. The reservation of a written, documentary or electronic form without the rigor of the invalidity shall have the effect that, in the absence of a reserved form, there is no admissible evidence from the testimony of the witnesses or of the parties ' interrogation to the fact that the action was carried out. This provision shall not apply where the conduct of a written, documented or electronic form is reserved only for the invocation of certain effects of a legal act.
(2) However, in the absence of a written, documentary or electronic form prescribed for the purpose of evidentiary evidence, evidence of the testimony of witnesses or of a hearing of the parties shall be admissible if the two parties agree, so that the consumer is requested to do so in dispute with the the entrepreneur or the fact that a legal action is carried out is prima facie evidence of the document.
§ 3. If a written, documentary or electronic form is reserved for a statement by one of the parties, in the event of failure of the statement of evidence from the witness or from the hearing of the parties, it shall also be admissible on request of the other party. page.
§ 4. The provisions on the effects of the non-conduct of a written, documented or electronic form prescribed for the purpose of proof shall not apply to legal acts in relations between business operators.
Article 75 1 . [ Disposal or leasing of a company] § 1. The sale or lease of a company or the establishment of the establishment on it should be made in writing with the signed notarized signatures.
§ 2. Dispenation of a company belonging to a person entered in the register should be entered in the register.
§ 3. Article 2 (2) shall apply mutatis mutandis in the event of the establishment or the establishment of the undertaking in the undertaking.
§ 4. These provisions shall not prejudice the provisions on the form of legal acts relating to immovable property.
Article 76. [ Disclaimer of the specific form in the contract] If the parties have stipulated in the agreement that the legal action between them is to be carried out in a particular form, that action shall take place only with the preservation of the reserved form. However, where the parties have reserved the operation of a written, documentary or electronic means, without specifying the effects of the non-conduct of that form, it shall in the event of doubt be made that it has been reserved solely for the purpose of proof.
Article 77. [ Change of written contract] § 1. The addition or amendment of the contract requires the conduct of the form which the law or the parties have provided for its conclusion.
§ 2. If the contract has been concluded in written, documented or electronic form, its solution with the consent of both parties, as well as the withdrawal from it or its termination, requires the preservation of the document form, unless the Act or the Agreement reserves another form.
§ 3. If a contract has been concluded in another form, the termination of the contract with the agreement of both parties shall require the conduct of the form which the law or the parties have provided for its conclusion; whereas the withdrawal of the contract or termination of the contract should be identified by letter.
Article 77 1 . [ Receipt of contract confirmation] § 1. Where a contract concluded between undertakings without a written form, one party shall immediately confirm in a letter to the other party, and that letter contains amendments or additions to the contract, not substantially altering its contents, of the parties be bound by the agreement of the content specified in the affirmative letter, unless the other party immediately objected to it in writing.
§ 2. Where an agreement concluded between undertakings without the conduct of a documentary form, one party shall immediately confirm in a document addressed to the other party and that document shall contain amendments or additions to the contract, not substantially altering it. content, the parties shall bind the agreement of the content specified in the document confirming, unless the other party immediately objected to it in the document.
Article 77 2 . [ Statement of will in the form of a document] A declaration of will in the form of a document shall be sufficient for the preservation of a document, in such a way as to enable the person making the declaration to be determined.
Article 77 3 . [ Document] A document is a media that provides information about the content of the document.
Article 78. [ Behaviour of the written form] § 1. To maintain a written form of legal action, it is sufficient to sign an own signature on a document covering the content of the declaration of will. The conclusion of the contract shall suffice for the exchange of documents covering the content of the declarations of will, each of which is signed by one of the parties, or of documents, each of which includes the content of the declaration of the will of one of the parties and is signed by it.
§ 2. (repealed)
Article 78 1 . [ Statement of will in electronic form] § 1. To maintain electronic form of legal action, it is sufficient to make a declaration of intent in electronic form and to provide it with a qualified electronic signature.
§ 2. The declaration of will submitted in electronic form is equivalent to the statement of the will made in writing.
Article 79. [ Typing incapacity] A non-smoking person may submit a declaration of will in writing in such a way that he will make a note on the fingerprint document, and next to that fingerprint, the person authorised by the person shall write his name and his/her signature, or in such a way that he/she will sign his/her name and/or his/her name and/or his/her name and/or his/ instead of the filing statement the person authorized by him will be signed and her signature will be certified by a notary, mayor (mayor, city president), starostess or marshal of the voivodship with an indication that he was made at the request of the person not able to write.
Article 81. [ Date Certain] § 1. If the Act depends on the validity or the specific effects of a legal act on an official date attestaance, such a certificate shall also be effective in respect of persons who do not participate in that legal act (certain date).
§ 2. The legal action shall also have a date in the following cases:
1. if the action is recorded in any official document, from the date of the official document;
2) in the event of placing on the enclosing task of a document of any mention by a state body, the body of a self-government or by a notary public-from the date of mention;
3) in case of a qualified electronic time stamp of the document in electronic form-from the date of the receipt of the qualified electronic timestamps.
§ 3. In the event of the death of one of the persons signed on a document, the date of submission of the signature on the document shall be deemed to be certain from the date of death of that person.
SECTION IV
Defects in declaration of will
Article 82. [ No awareness or freedom of decision] There is no declaration of intent made by a person who, for any reason whatsoever, was in a state of exclusive discretion or free expression of decision and expression of will. This applies in particular to mental illness, mental or other maldevelopment, or even transient, mental disorders.
Article 83. [ Apparent] § 1. No matter is the statement of the will to the other party with her consent to the seeming. If such a declaration has been made for the conceal of another legal act, the validity of the statement shall be assessed according to the nature of the action.
§ 2. The seemability of a declaration of intent does not affect the effectiveness of the paid legal action, made on the basis of an apparent statement, if, as a result of that action, a third party acquires the right or is exempt from the obligation, unless it acted in the wrong faith.
Article 84. [ Error] § 1. In the event of an error, the legal action may be abrogable from the legal consequences of its declaration of will. If, however, a declaration of intent was made to another person, the waiver of its legal effects shall be permitted only if the error was caused by that person, even without fault, or when she was aware of the error or could have easily misled the error. note; this restriction does not apply to a non-payment legal act.
§ 2. You can invoke only an error justifying the presuming that if the applicant's statement of will did not act under the influence of the error and assess the case reasonably, he would not make a statement of this content (a significant error).
Article 85. [ Distortion of the declaration of will by the messenger] The distortion of the declaration of will by the person used to transmit the declaration shall have the same effect as the error in making a statement.
Article 86. [ Admission] § 1. If the error provoked the other party insidious, the revocation from the legal effect of the declaration of will submitted under the influence of the error may also occur if the error was not relevant, as well as when it did not concern the content of the legal action.
§ 2. The admission of a third party is unequivocal with the party's trim, if the subject knew and did not notify the other party about it, or if the legal act was free of charge.
Article 87. [ Threat] Who has submitted a declaration of will under the influence of the unlawful threat of the other party or of a third party, that person may be abrogated from the legal consequences of his declaration, if it is apparent from the circumstances that he may have feared that he himself or another person would be in danger of serious personal or property danger.
Article 88. [ Repeal of the effects of the declaration of will] § 1. The waiver of the legal effect of a declaration of will, which has been made to another person under the influence of an error or a threat, shall be made by a statement made to that person in writing.
§ 2. The entitlement to repeal shall expire: in the event of an error, within one year of its detection and, in the event of a threat, within one year from the time when the condition of concern has ceased.
CHAPTER V
Condition
Article 89. [ Disclaimer] Subject to exceptions to the statute provided for or resulting from the jurisdiction of a legal action, the effects of a future and uncertain (condition) may be made or the effects of a legal action may be dependent on the event.
Article 90. [ Reverse Condition] The condition of the condition is not retroactive unless otherwise reserved.
Article 91. [ Performing actions by conditionally authorized] A conditionally authorized person may perform any action that is intended to preserve his or her right. Article 92. [ Regulations Contrary to Condition] § 1. Where a legal action involving a regulation has been made subject to subsequent regulations, the law shall cease to have effect on the condition that the condition has been fulfilled as long as the effect of the condition is frustrated or reduced.
§ 2. However, where, pursuant to such a regulation, a third party acquires the right or is exempted from the obligation, the provisions for the protection of persons who, in good faith, have carried out legal acts with a person who is not entitled to dispose of it shall apply accordingly. the law.
Article 93. [ Consequences of disloyal behaviour] § 1. If the party to which the condition depends on the non-irrigation of the condition does not interfere with the principles of social coexistence of the herb of the condition, the effects are as if the condition would have been followed.
§ 2. If the party to which the condition is to be satisfied will result in a way contrary to the principles of social coexistence to the destruction of the condition, the effects of such as if the condition were not to be fulfilled.
Article 94. [ Unlawful condition] A condition that is impossible, as well as a condition against the law or principles of social coexistence, entails the invalidity of a legal act when it is suspensive; it is considered unreserved when it is solver.
CHAPTER VI
Representation
Chapter I
General provisions
Article 95. [ Legal representation] § 1. Subject to the exceptions to the statute provided for or resulting from the jurisdiction of the legal action, a legal act may be made by a representative.
§ 2. A legal action by a representative within the limits of the consolidation shall entail the direct effect of the represented.
Article 96. [ Legal title of the fortification] It may be based on the statute (statutory representation) or the representation of the represented (power of attorney) to act in another person's name.
Article 97. [ Presumption of attachment of a person at the premises of a company] An active person at the premises of an enterprise intended to serve the public shall be made in the event of doubt as being empowered to carry out legal acts normally carried out with the persons who use the services of that undertaking.
Chapter II
Power of attorney
Article 98. [ Types of power of attorney] The general mandate shall include the strengthening of the duties of the ordinary management board. Actions which exceed the scope of the ordinary board require a power of attorney specifying their type, unless the Act requires a power of attorney for a particular task.
Article 99. [ Form of proxy] § 1. Where a specific form is needed for the validity of a legal act, the power of attorney to carry out the action should be given in the same form.
§ 2. The general power of attorney should be subject to the annulment of the written plenipotentiary.
Article 100. [ Ability to legal act of attorney] The fact that the power of attorney is limited in the capacity for legal action shall not affect the validity of the act carried out by him on behalf of the principal.
Article 101. [ Appeal and termination of power of attorney] § 1. The power of attorney may be revoked at any time, unless the principal has waired the appeal of the power of attorney on grounds of legitimate content of the legal relationship underlying the power of attorney.
§ 2. The fixation shall expire with the death of the holder or of the proxy, unless the power of attorney is otherwise reserved for reasons of legitimate content of the legal relationship.
Article 102. [ Reimbursement of the mandate document] Upon expiry of the strengthening of the mandate, the agent shall be required to return the mandate to the person. It may request a certified copy of the document; the expiration of the fixation shall be on the note indicated.
Article 103. [ Agreement concluded without reinforcement] § 1. If the contract as a proxy is not authorised or exceeds the scope of the contract, the validity of the contract shall be subject to confirmation by the person on whose behalf the contract has been concluded.
§ 2. The second party may appoint the person in whose name the contract has been concluded, the relevant time limit for the confirmation of the contract; it becomes free after the ineffective expiry of the prescribed period.
§ 3. In the absence of confirmation, he who has entered into an agreement in another person shall be obliged to repay what he has received from the other party in the performance of the contract, and to make good the damage suffered by the other party by the fact that he entered into a contract without knowing the absence of the contract. It may be empowered to increase or exceed its scope.
Article 104. [ Unilateral action without solicitation] A unilateral legal act made in someone else's name without any strengthening or exceeding the scope of the action shall be invalid. However, where the person who has been given a declaration of will in a person's name has agreed to do so without strengthening, the provisions on the conclusion of the contract shall be applied accordingly without strengthening.
Article 105. [ Act after the expiry of the fixation] If, after the termination of the authority, a legal action is carried out on behalf of the holder within the limits of the initial consolidation, the legal action shall be valid unless the other party to the expiry of the authority was aware or could easily find out.
Article 106. [ Dalsi Proxies] A proxy may establish for the lender other plenipotentiaries only if such a solicitation results from the content of the power of attorney, from the law or from the legal relationship underlying the power of attorney.
Article 107. [ Total Plenipotentiary] If the promoter has established several proxies with the same degree of attachment, each of them may act on his own, unless it is otherwise apparent from the content of the power of attorney. This provision shall apply mutatis mutandis to the representatives of which the power of attorney for the principal has established.
Article 108. [ Legal Action with Plenipotentiary] A proxy may not be the other party to the legal act which he/she will make on behalf of the principal, unless it is otherwise apparent from the content of the power of attorney, or that, due to the content of the legal act, the possibility of a breach of the interests of the principal is excluded. This provision shall apply mutatis mutandis in the event of a representative representing both parties.
Article 109. [ statutory representative] The provisions of the chapter of this chapter shall apply mutatis mutandis in the event of a declaration of intent to be submitted to the representative.
Chapter III
Prosecutor
Article 109 1 . [ Prosecutor] § 1. The procurator is a power of attorney granted by an entrepreneur subject to the obligation of entry in the register of entrepreneurs, which includes the strengthening of judicial and extrajudicial activities, which are connected with the conduct of the company.
§ 2. It shall not be possible to limit procuring with effect to third parties, unless a special provision provides otherwise.
Article 109 2 . [ Form of procurs] § 1. The public prosecutor should be given the invalidity of the proceedings in writing. Article Article 99 § 1 does not apply.
§ 2. The procurator may be a natural person with full capacity for legal action.
Article 109 3 . [ Becoming a company] To divest the undertaking, to carry out the legal action on the basis of which it is to be deallocated to the temporary use, and to dispose of and charge the property, a power of attorney is required for the particular task.
Article 109 4 . [ Prosecutors total] § 1. The public prosecutor may be given a number of individuals (total prosecutors) or separately.
§ 1 1 The Public Prosecutor may also include the solicitation of, or solely to act jointly with, a member of the governing body or an associate entitled to represent a commercial personal partnership.
§ 2. Directed to a trader of a declaration or service of letters may be made to one of the persons to whom the procuring has been granted.
Article 109 5 . [ Prosecutor's Office] The prosecutor's office may be limited to the scope of the cases entered in the register of the branch of the company (public prosecutor).
Article 109 6 . [ Move of the Prokury] The prosecutor cannot be transferred. The procurator may appoint a proxy for a particular task or a certain type of action.
Article 109 7 . [ Reference of the prohura] § 1. The public prosecutor can be cancelled at any time.
§ 2. The Procura shall expire as a result of the deletion of the trader from the register and the declaration of bankruptcy, the opening of liquidation and the conversion of the trader.
§ 3. The prosecutor's office is due to expire.
§ 4. The death of the trader or the loss of his capacity for legal action shall not result in the expiry of the procuring process
Article 109 8 . [ Notification of procure] § 1. Granting and expiring a procuring entrepreneur should report to the Register of Entrepreneurs.
§ 2. The application for the award of the procuring shall specify the type of the procuring, and in the case of the total procura and the procuring referred to in art. 109 4 § 1 1 It is also a way of doing it.
TITLE V
Due Date
Article 110. [ Calculating Appointment] Where a law, a decision of the court or decision of another public body or a legal act means a time limit without specifying the manner in which it is calculated, the following provisions shall apply.
Article 111. [ Term marked in days] § 1. The term marked in days ends at the end of the last day.
§ 2. If the beginning of the term marked in days is a certain event, it shall not be taken into account in the calculation of the date of the day in which that event occurred.
Article 112. [ Term marked in weeks, months, years] The term marked in weeks, months or years ends at the end of the day, which is the name or date corresponding to the beginning of the term, and if that day had not been in the last month, on the last day of that month. However, when calculating the age of a natural person, the period shall end at the beginning of the last
Article 113. [ Start, middle, month end] § 1. If the term is marked for the beginning, middle or end of the month, it shall be the first, fifteenth or the last day of the month.
§ 2. The half-month term is equal to fifteen days.
Article 114. [ Monthly and annual term] If the term is marked in months or years, and the continuity of the term is not required, the month counts for the days of thirty, and a year for the days three hundred sixty five.
Article 115. [ Days free from work] If the end of a term to perform the task falls on a public day or on a Saturday, the next day shall be the following day, which shall not be a holiday or a Saturday.
Article 116. [ Application of the provisions of the condition] § 1. Where the effects of a legal action are to be incurred within a given period, the provisions on the probing condition shall be applied accordingly.
§ 2. If the effects of a legal action are to be determined within a given time limit, the provisions on the promiscelation condition shall apply accordingly.
TITLE VI
Limitation of claims
Article 117. [ Limitation of statute of limitations] § 1. Subject to the exceptions in the Act provided for, property claims are subject to an expiration date.
§ 2. After the expiry of the limitation period, the claim against whom the claim is entitled may be waived from his or her satisfaction, unless he renounces the use of the statute of limitations. However, the waiver of the statute of limitations before the expiry of the time limit is invalid.
§ 3. (repealed)
Article 118. [ Length of limitation periods] If the special provision does not provide otherwise, the limitation period shall be 10 years and, for claims for periodic benefits and for claims relating to the pursuit of economic activities, shall be three years.
Article 119. [ Shortening and extension of limitation periods] The limitation periods may not be shortened or extended by a legal act.
Article 120. [ Start of statute of limitations] § 1. The limitation period shall start from the date on which the claim was due. Where the requirement of a claim depends on the taking up of a particular action by the rightholder, the period shall start from the date on which the claim would become due if the person entitled to take the action at the earliest possible date.
§ 2. The statute of limitation of claims for omissions shall start from the date on which the one against whom the claim is entitled did not apply to the content of the claim.
Article 121. [ Suspension of the limitation period] The limitation period shall not start and the start shall be suspended:
1) as to the claims which are entitled to children against parents-for the duration of the parental authority;
2) in respect of claims which are entitled to persons who are not fully entitled to legal action against persons in custody or probation, for the duration of their exercise of their care or guardianage;
3) as to the claims which are entitled to one of the spouses against the other-for the duration of the marriage;
4. in respect of any claim, where, by reason of force majeure, the authorized person is not entitled to claim them before a court or other body set up for the recognition of cases of a given nature-for the duration of the obstacle.
Article 122. [ Pause end of expiration] § 1. A statute of limitations on a person who does not have full legal capacity may not end sooner than the expiry of the period of two years from the establishment of a statutory representative or the establishment of the reason for the establishment of the statutory representative.
§ 2. If the limitation period is less than two years, its course shall be counted from the date of establishment of the statutory representative or from the date on which the reason for its establishment was established.
§ 3. This provision shall apply mutatis mutandis to the running of the limitation period against the person on whose basis there is a basis for the total incapacitation of the person.
Article 123. [ Interruption of the limitation period] § 1. The limitation period shall be interrupted:
1) by any action before a court or other body set up for the recognition of cases or the enforcement of claims of a given kind or before an amicable court, taken directly for the purpose of the investigation or the determination or settlement or security claims;
2) by recognition of the claim by the person against whom the claim is entitled;
3) by the initiation of mediation.
§ 2. (repealed)
Article 124. [ The limitation period after the break] § 1. After each interruption of the statute of limitations, it shall run anew.
§ 2. In the event of an interruption of the statute of limitations by the action in the proceedings before a court or other body appointed for the recognition of cases or the enforcement of claims of a kind, either before an arbitration court or by a mediation procedure, the statute of limitations shall not run on the As long as the proceedings are not completed.
Article 125. [ Deadlines for expiration following the decision] § 1. A claim established by a final judgment of a court or other body appointed to determine the cases of a particular nature or the judgment of an amicable court, as well as the claim found in the court or tribunal amicable or amicable concluded before the mediator and approved by the court, expires at the end of the ten years, even though the limitation period for claims of this kind was shorter. If the claim covers periodic benefits in this way, a claim for interim benefits payable in the future shall be subject to a limitation period of three years.
§ 2. (repealed)
THE SECOND BOOK
PROPERTY AND OTHER RIGHTS IN REM
TITLE I
Ownership
SECTION I
General provisions
SECTION II
Content and ownership
Article 140. [ Ownership] Within the limits set by the laws and principles of social coexistence, the owner may, with the exception of other persons, benefit from things according to the socio-economic purpose of his or her right, and may, in particular, charge the benefits and other income from the things. Within the same limits, it can dispose of a thing.
Article 142. [ Higher state of necessity] § 1. The owner shall not oppose the use or even damage or destruction of the goods by another person, if this is necessary to reverse the danger threatening directly the personal benefit of that person or a third party. He may, however, demand compensation for the damage that has been caused.
§ 2. This provision shall also apply in the event of danger of a threatening property, unless the material damage is, of course, and disproportionate to the loss that the owner may incur as a result of the use, damage or damage caused by the damage to property. destruction of things.
Article 143. [ Land Ownership] Within the limits set by the socio-economic purpose of the land, property of land shall extend to space above and below its surface. This provision shall not prejudice the provisions governing the right to waters.
Article 144. [ Immissions] The owner of the property should, in the exercise of his or her right, refrain from activities that would disturb the use of neighbouring property above the average measure resulting from the socio-economic purpose of the property and relations -
Article 145. [ Road necessary] § 1. If the property does not have adequate access to the public road or to belonging to that property of the farm buildings, the owner may require the owners of the land adjacent to be established for remuneration of the necessary road service handmaid (road needed).
§ 2. The journey of the necessary road shall take into account the needs of immovable property without access to the public road and with the least load of the land through which the road is to be carried out. If the need to establish a road is a consequence of the sale of land or other legal action, and between the interests of interest will not come to an agreement, the court will manage, as far as possible, to carry out the road through the land which was the subject of the legal action.
§ 3. The economic and social interest should be taken into account to carry out the road
Article 146. [ Road necessary for the holder] The provisions of the preceding article shall apply mutatis mutandis to the spontaneous real estate holder; however, the holder may request only the establishment of a personal handout.
Article 147. [ Earthworks] The owner must not make the works of the earth in such a way that it threatens the immovable property of a neighbouring loss of backrest.
Article 148. [ Fruit] The fruit falling from the tree or shrub on the ground of the neighboring lands is made of its food. This provision shall not apply when the land of the neighbouring country is intended for public use.
Article 149. [ Removal of branches, fruit] The owner of the ground can enter into the land of the neighboring land to remove the culled branches of its branches or fruit. However, the owner of the neighbouring land may demand compensation for the damage caused.
Article 150. [ Removal of the roots] The owner of the land can cut and preserve for itself the roots passing from the neighboring ground. The same applies to branches and fruit culled from the neighbouring land; however, in the case of such an owner, the holder should have previously set a reasonable period of time for the neighbor to remove them.
Article 151. [ Crossing of borders under construction] If, at the erection of a building or any other device, the boundaries of the adjacent land have been exceeded without fault, the owner of that land shall not be required to reinstate the previous condition, unless without undue delay he objected to the crossing of the of the border or that it threatens to immeasuit great damage. It may request either an appropriate remuneration in exchange for the establishment of an appropriate land service, or the purchase of a seized part of the land, as well as of the part which, as a result of the construction, has lost economic importance to it.
Article 152. [ Demarcation] The owners of neighbouring land are obliged to cooperate in land demarcation and at the maintenance of fixed border marks; the costs of delimitation and the costs of the equipment and the maintenance of fixed border marks shall be borne by half.
Article 153. [ Determination Of Borders] If land borders have become contentious and the legal status cannot be established, the limits shall be established according to the last peaceful state of possession. In the event that such a condition could not be established and that the border proceedings did not lead to a settlement between the interests concerned, the court will determine the limits in respect of all circumstances; whereas it may grant to one of the relevant owners a reasonable amount of cash payment.
Article 154. [ Devices at the border] § 1. It shall be presumed that walls, fences, swords, ditches and other similar equipment located on the borderline of neighbouring land shall be used for the common use of the neighbours. The same applies to trees and shrubs at the border.
§ 2. The use of these devices is to bear jointly the cost of their maintenance.
SECTION III
Acquisition and loss of ownership
Chapter I
Transfer of ownership
Article 155. [ Consensual and real contracts] § 1. A contract for the sale, conversion, donations, transfer of immovable property or any other agreement requiring the transfer of ownership of the property as to the identity of the designated transfer of ownership to the buyer, unless the special provision provides otherwise, or that the parties otherwise agree to transfer the property to the buyer decided.
§ 2. If the subject of a contract obliging the transfer of property are items marked only in the species, the transfer of the possession of a thing is necessary to transfer ownership. The same applies to an accident where the subject of an agreement requiring transfer of ownership is future.
Article 156. [ Validity of the contract transferring the property] If the transfer of the ownership contract occurs in the execution of the obligation arising from the previously concluded agreement obliging to transfer the property, from the ordinary record, from unjust enrichment or from another event, the validity of the contract transferable property depends on the existence of this obligation.
Article 157. [ Condition and Term] § 1. Property ownership may not be transferred subject to the condition, or subject to a deadline.
§ 2. If the agreement obliging the transfer of property was concluded on condition or subject to the deadline, an additional agreement of the parties shall be required for the transfer of ownership, covering their unconditional consent to the immediate ownership.
Article 158. [ Form of a notarial deed] The agreement obliging to transfer the ownership of the property should be concluded in the form of a notarial deed. The same applies to the transfer agreement which is concluded in order to implement the pre-existing commitment to transfer the ownership of the property; the obligation should be listed in the act.
Article 159. [ Contribution to the agricultural production cooperative] The provisions on the obligation to retain the form of a notarial deed shall not apply in the event that the land contributed as a contribution to an agricultural production cooperative is to be co-owned by the existing owners.
Article 166. [ Right of the co-owners ' piercup] § 1. In the case of sale by the co-owner of agricultural property, participation in joint ownership or part of that share of the share of that share shall be entitled to the right of pre-emption if they are engaged in a holding on a common ground. This is not the case, however, where the co-owner simultaneously sells his share of the ownership together with that holding, or where the purchaser is another co-owner or the person who would inherit the holding after the retailers.
§ 2. (repealed)
§ 3. For sale by co-owner of agricultural property within the meaning of the provisions of the Act of 11 April 2003. about shaping the agricultural system (Dz. U. of 2016 r. items 2052 and 2260 and of 2017 items 60) the participation in joint ownership or part of this share shall apply the provisions of that law.
Article 169. [ Acquisition from unauthorised] § 1. If the person who is not entitled to dispose of the movable property is disposed of and issued to the purchaser, the purchaser shall obtain the property at the moment of the possession of the item, unless it is in bad faith.
§ 2. However, if the lost, stolen or otherwise lost by the owner is disposed of before the expiry of the period of three years from the date of its loss, removal or loss, the purchaser may only acquire property on the expiry of the three-year period. term. This restriction shall not apply to money and bearer documents or to items acquired at the official public auction or in the course of enforcement proceedings.
§ 3. The provisions of paragraphs 1 and 2 shall not apply to items entered in the national register of lost cultural goods.
Article 170. [ Acquisition of goods laden] § 1. In the event of the transfer of the ownership of movable property, which is subject to the law of a third party, this right shall terminate upon the issue of the purchaser's belongeds, unless the latter acts in bad faith. The provision in paragraph 2 of the preceding article shall apply mutatis mutandis.
§ 2. The provision of § 1 shall not apply to items entered in the national register of lost cultural objects.
Chapter II
Planting
Article 172. [ Deadlines for the property sale] § 1. The holder of a property which is not the owner of the property shall acquire property if he has been in possession of a property for twenty years as a holder of a spontaneous, unless he has acquired possession in bad faith (planting).
§ 2. After 30 years, the property holder acquires the property of the property, even though he has acquired possession in bad faith.
§ 3. [ 1] Purchase an agricultural property within the meaning of the provisions of the Act referred to in art. 166 § 3, through the planting, may only be an individual farmer within the meaning of the provisions of that law, if-determined in accordance with the provisions of art. 5 par. 2 and 3 of this Act-the area of the acquired agricultural property together with the agricultural immovable property constituting its property shall not exceed 300 hectares of agricultural land.
Article 173. [ Protection of minors] If the owner of the property against whom the planting is running is a minor, the incursion shall not end earlier than two years after the owner has been given a full age.
Article 174. [ Deadline for moving things] § 1. The holder of a movable property which is not the owner of a movable property shall acquire property if he has been in possession of the goods for a period of three years as a spontaneous holder, unless he/she holds in bad faith.
§ 2. The provision of § 1 shall not apply to items entered in the national register of lost cultural objects.
Article 175. [ Time limits for planting] The rules on the limitation of the statute of limitation of claims shall apply mutatis mutandis.
Article 176. [ Countdown of predecessor holding time] § 1. If, during the course of the planting, there has been a transfer of possession, the current holder can reckon with the time it holds, the time of possession of his predecessor. However, if the previous holder has acquired real estate in bad faith, the time of his possession may be counted only if, in total, the holder of the current holder is at least 30 years old.
§ 2. The above provisions shall apply mutatis mutandis in the case where the current holder is the heir of the previous holder.
Chapter III
Other acquisitions and loss of ownership
Article 180. [ Abandonment of movable property] The owner can trigger the property of moving things by the fact that in this intention to abandon.
Article 181. [ Disposal of movable property] The property of the movable property is acquired by its inclusion in the possession of self-existent.
Article 182. [ Swarm of bees] § 1. The swarm of bees becomes unclean if the owner has not dived it within three days from the day of the judgment. The owner is allowed to enter some of the ground in the pursuit of the oil, but he should repair the damage from this place.
§ 2. If the swarm settled in someone else's unclaimed ulu, the owner can claim the return of the roju for the reimbursement.
§ 3. If the swarm settled in someone else's ulu, it becomes the property of the swarm that was owned by the hive that was in the hive. A claim for unjust enrichment shall not be granted to the existing owner in this case.
Article 187. [ Acquisition of ownership of items found by the State Treasury or found] § 1. A person who has not been received within one year from the date of service of the call for receipt and, in the event of impossibility, within two years from the date on which he was found, becomes the property of the person found to be the property of the finding, if he/she has done so. the care of its obligations. If, however, a thing has been given to an old age, the finding shall become the owner if it has been received within the time limit set by the starost.
§ 2. A thing found as a landmark or archival material after the expiry of the period until its receipt by the authorized person becomes the property of the State Treasury. Other things found become the property of the county after the deadline to receive them by the found.
§ 3. At the time of the acquisition of the property by the finding, the county or the State Treasury will lapse the incriminating limited rights in rem.
Article 189. [ Monument or archival material] If the thing is found in such circumstances, that the search for the owner would, of course, be pointless, it becomes the object of joint ownership in the fractional parts of the finding and the owner of the property on which the benefit was found, if However, this thing is a landmark or archival material, it becomes the property of the State Treasury, and the finding is obliged to release it immediately to the competent starost.
Article 190. [ Acquisition of natural borrowing] The right to collect the benefits of natural things acquires their property by disconnecting them from things.
Article 191. [ The combination of movable property with immovable property] Property ownership extends to a movable property which has been connected to the property in such a way that it has become its component part.
Article 192. [ Processing things] § 1. The one who created a new mobile object from other people's materials becomes the owner if the value of the effort is greater than the value of the materials.
§ 2. If the processing of things was done in bad faith, or if the value of the materials is greater than the value of the effort, the owner of the materials becomes the property of the materials.
Article 193. [ Connection, mixing] § 1. If movable items have been combined or mixed in such a way that the restoration of the previous state would be linked to excessive difficulties or costs, the owners of the previous owners become co-owners of the whole. Shares in co-ownership shall be determined on the basis of the ratio of the value of the combined or mixed goods.
§ 2. However, when one of the connected things is much greater than the others, the smaller values become the constituent parts of the item.
Article 194. [ Relation to other provisions] The provisions on processing, combination and confusion shall be without prejudice to the provisions on the obligation to repair the damage or to the provisions of unjust enrichment.
SECTION IV
Co-ownership
Article 195. [ Co-ownership] The ownership of the same thing may be favorable by a few people (co-ownership).
Article 196. [ Types of co-ownership] § 1. Co-ownership is either co-owned in fractional parts, or joint-ownership.
§ 2. The joint ownership shall be governed by the provisions relating to the relations to which it is based. The provisions of this chapter shall apply to co-ownership in fractional parts.
Article 197. [ Shares of Co-Owners] The joint owners ' shares are presumed to be equal.
Article 198. [ Disposition of the participation] Each of the co-owners may dispose of their participation without the consent of the other co-owners.
Article 199. [ Actions exceeding the scope of the ordinary management board] The consent of all co-owners is necessary for the common disposition and other activities which exceed the scope of the ordinary management board. In the absence of such consent, the co-owners, whose shares are at least half, may request a decision by the court, which shall rule with a view to the purpose of the intended action and the interests of all co-owners.
Article 200. [ Obligation to co-operate on the Management Board] Each of the co-owners is obliged to co-operate on the board of the common thing.
Article 201. [ Ordinary board of directors] It is common for the ordinary management board to have the consent of the majority of the co-owners. In the absence of such consent, each of the co-owners may require a judicial authority to carry out the action.
Article 202. [ Settlement of the dispute by the court] If the majority of the co-owners decide to make an action grossly contrary to the rules of the proper management, the common thing, each of the other co-owners may request a decision by the court.
Article 203. [ Designation of the administrator] Each of the co-owners may apply to the court for the designation of the liquidator, if the majority of the joint owners cannot be obtained in the relevant matters of the ordinary management or if the majority of the joint owners violate the rules of law. The Board of Directors or the Cursed minority
Article 204. [ Calculating most] Most co-owners are calculated according to the size of the shares.
Article 205. [ Remuneration of the liquidator] The co-owner who is responsible for the management of the management board may request the other co-owners of the remuneration corresponding to the legitimate effort of his or her work.
Article 206. [ Co-Owner Authority] Each of the co-owners shall be entitled to co-possess the common thing and to use it to the extent that it is compatible with the co-ownership and use of the items by the other co-owners.
Article 207. [ Revenues and expenses] Loans and other income from common items fall to the shareholders in relation to the size of the shares; in the same ratio, the co-owners shall bear the expenses and burdens relating to the common thing.
Article 208. [ Account from the Management Board] Each of the co-owners of the non-legal management board shall be able to request the account from the management board within the relevant time limits.
Article 209. [ Behavioual activities] Each of the co-owners may exercise any action and claim any claim which they seek to preserve the common law.
Article 210. [ Abolition of co-ownership] § 1. Each of the co-owners may demand the abolition of joint ownership. This entitlement may be exempted by a legal action for a period of not more than five years. However, in the last year before the expiry of the restricted deadline, it may be extended for a further period of five years; the extension may be reproduced.
§ 2. The transfer of joint property of agricultural property and agricultural holding within the meaning of the provisions of the Act referred to in art. 166 § 3, takes account of the provisions of this Act.
Article 211. [ Breakdown of Common Things] Each of the co-owners may require that the abolition of joint ownership takes place by a breakdown of the joint-ownership, unless the division would be contrary to the provisions of the law or the socio-economic purpose of the matter, or that it would entail an essential part of it. a change of things or a significant reduction in its value.
Article 212. [ Judicial elimination of joint ownership] § 1. If the abolition of joint ownership takes place on the basis of a court decision, the value of the individual shares may be offset by monetary surcharges. With the split of the ground, the court can charge specific parts of the necessary groundwater service.
§ 2. A thing which cannot be divided may be granted according to the circumstances of one of the co-owners with the obligation to repay the others or sold pursuant to the provisions of the Code of Civil Procedure.
§ 3. If payment or repayment has been established, the court shall mark the time limit and the manner in which they are to be paid, the amount and the time limit for payment of interest and, where appropriate, the way in which they are to be secured. In the event of payment of the payment and payment of the instalments, the time limits for their payment may not exceed 10 years in total. In cases which merit special consideration, the court may, at the request of the debtor, postpone the due date for payment of the instalments already due.
Article 213. [ Distribution of agricultural holding] § 1. If the abolition of joint ownership of the agricultural holding by the division between the joint owners would be contrary to the rules of the normal agricultural economy, the court will grant this holding to the co-owner, upon whom all the co-owners agree.
§ 2. Granting by the court of the agricultural holding within the meaning of the provisions of the law referred to in art. 166 § 3, takes account of the provisions of this Act.
Article 214. [ Judicial abolition of joint ownership of the holding] § 1. In the absence of the consent of all the co-owners, the court will grant an agricultural holding back to that which leads or continues to work in it, unless the socio-economic interest is appeals to the choice of another co-owner.
§ 2. If the conditions provided for in the preceding paragraph are met by several joint owners, or if none of the joint owners are satisfied, the court will grant the agricultural holding back to that one which gives the best guarantee of its proper conduct.
§ 3. At the request of all co-owners the court will manage the sale of the agricultural holding pursuant to the provisions of the Code of Civil Procedure, and in the case of the agricultural holding within the meaning of the provisions of the Act referred to in art. 166 § 3, taking into account the provisions of this Act.
§ 4. The sale of the agricultural holding shall also be managed in the event of a failure to consent by any of the joint owners to the holding.
Article 215. [ The application of the rules on the distribution of the holding and the legal abolition of co-ownership The provisions of the two preceding articles shall apply mutatis mutandis where the agricultural holding can be divided, but the number of parts allocated shall be less than the number of co-owners.
Article 216. [ Repayment] § 1. The level of the co-owners of repayments from the agricultural holding shall be determined according to their respective agreement.
§ 2. In the absence of such an agreement, repayment due to co-owners may be reduced. In determining the degree of reduction, the following shall be taken into account:
1. the type, size and state of the holding which is the subject of the abolition of joint ownership;
2) the personal and property situation of the co-owner obliged to repay and co-owner authorized to receive them.
§ 3. The reduction, in accordance with the preceding paragraph of the preceding paragraph, shall not preclude the possibility of spreading them into instalments or postponement of their payment, pursuant to the provision of art. 212 § 3.
§ 4. The provisions of paragraphs 2 and 3 shall not apply to the payment to the spouse in the event of the abolition of joint ownership of the agricultural holding, which, pursuant to the provisions of the family and care code, belongs to the common property of the spouses.
Article 217. [ Leveling of repayments] The co-owner, who, as a result of the abolition of joint ownership, has received an agricultural holding, which is part of that holding, has been paid for payment within five years of the removal of the joint ownership, which is the responsibility of the remaining agricultural property. to co-owners who have been paid less than due, to be granted, in proportion to their size, the benefit of the reduction in repayments, unless the purpose of the disposal is to ensure that the holding is reasonably carried out.
Article 218. [ Permission to continue to reside] § 1. Co-owners who have not received an agricultural holding or a part of it but until the removal of co-ownership in that holding have been resident, shall retain their rights to continue to reside, but not more than five years, and when, at the time of the removal of the farm, the holding of the holding or part of the the affixing of co-ownership shall be minors-no longer than five years after the achievement of the age of age. The above limitation does not apply to co-owners who are permanently incapable of working.
§ 2. The provisions on the mability of the dwelling shall apply to the provisions of the preceding paragraph.
Article 220. [ Exemption of expiration] The claim for the abolition of joint ownership shall not be subject to limitation.
Article 221. [ Buyer of participation] Legal acts defining the management and use of common items, or excluding joint ownership, shall also apply to the buyer of the share if the purchaser knew of them or could easily find out. The same applies to an accident when the way of using things has been established in a court ruling.
CHAPTER V
Protection of property
Article 222. [ Debt recovery and negatorials] § 1. The owner may demand from the person who is in fact his or her thing to be given to him, unless the person is entitled to the owner's authority to the authority of the matter.
§ 2. Against a person who violates property otherwise than by depriving the owner of the actual authority over a thing, he is entitled to the owner of the claim for the restoration of the lawfully lawful and omission of the infringement.
Article 223. [ Exemption of expiration] § 1. The claims of the proprietor provided for in the preceding article shall not be subject to limitation if they concern the property.
§ 2. (repealed)
§ 3. (repealed)
§ 4. Claim of the owner referred to in art. 222 § 1, does not lapse if it concerns a thing entered in the national register of lost cultural goods.
Article 224. [ Spontaneous holder in good faith] § 1. A spontaneous holder in good faith shall not be obliged to pay for the use of the goods and shall not be responsible for her use or for any deterioration or loss of the goods. It acquires the property of natural borrowing that has been disconnected at the time of its possession, and retains the collected civil benefits if it has become due at that time.
§ 2. However, from the time when a self-made holder has learned about the release of an action against him in good faith, he is obliged to pay for the use of things and is responsible for its consumption, deterioration or loss, unless the deterioration or loss occurred without his fault. It is obligatory to return the borrowed from the above moment, which he has not consumed, as well as to pay the value of those he has consumed.
Article 225. [ Spontaneous holder in bad faith] The obligations of the holder in bad faith with regard to the owner shall be the same as the obligations of the holder in good faith from the moment when he has learned of the claim against him of the issue. However, the spontaneous holder in bad faith is obliged to repay the value of the benefits which, due to the poor economy, has not obtained, and is responsible for deterioration and loss of goods, unless the thing is worsened or lost even then, if it had been in possession of the rightholder.
Article 226. [ Reimbursement of inputs] § 1. A spontaneous holder in good faith may require the reimbursement of the expenses necessary for the amount of the goods, provided they are not covered by the benefits he has obtained from the goods. Reimbursement of other inputs may be requested of as much as they increase the value of things at the time of its issue to the owner. However, when the expenditure was made after the moment when the self-established holder became aware of the fact that an action was brought against him in good faith, he or she could only request reimbursement of the necessary inputs.
§ 2. A self-made holder in bad faith can only demand reimbursement of expenses necessary, and this is only so far as the owner would be enriched without basing his cost.
Article 227. [ Linked Items] § 1. The spontaneous holder can, by restoring the previous state, take away the objects that he connected with the thing, even if they become its constituent parts.
§ 2. However, when the merger has made a spontaneous holder in bad faith, or the holder in good faith in good faith, after the moment when he learns of the claim against him, the owner may retain the attached objects, by returning the value and cost of the labor to the self-holder, or the sum corresponding to the increase in the value of the items.
Article 228. [ Spontaneous ownership of the State] The rules governing the rights and obligations of the holder in good faith in good faith from the time when he has learned about the release of an action against him, shall also apply in cases where the holder of the goods which is the subject of the object is a self-employed person. the state property has been summoned by the competent state authority for the issue of things.
Article 229. [ The redress of claims against a self-made holder] § 1. Claims of the owner against the self-holder for the remuneration for the use of the goods, the reimbursement of the loans or the payment of their value, as well as the claim for compensation for the damage due to the deterioration of the goods shall expire within the year from the day of the recovery. The same is true of the claims of the holder against the owner of the return on expenditure.
§ 2. (repealed)
Article 230. [ Dependent holder] Provisions concerning the owner's claims against the holder of the remuneration for the use of the goods, the reimbursement of the loans or the payment of their value, and the repair of the damage due to deterioration or loss of goods, as well as the provisions concerning the claims of a self-employed holder for reimbursement of inputs, shall apply mutatis mutandis to the relationship between the owner of the goods and the holder, provided that the provisions governing the relationship do not result in any other claims.
Article 231. [ Building erected on other people's land] § 1. A self-supporting land holder in good faith that has raised a building or other device on the surface of the ground or a device with a value that carries a significant value for this purpose of the plot may require the owner to transfer ownership to it. used parcel for the appropriate remuneration.
§ 2. The owner of the land on which the building was erected or another device with a value transferring significantly the value of the plot seized on the purpose of the plot, may demand that the one who erected the building or other device acquired from it the property of the plot as appropriate remuneration.
§ 3. (repealed)
TITLE II
Perpetual use
Article 232. [ perpetual use] § 1. Land owned by the State Treasury and located within the administrative boundaries of the cities and the Land of the State Treasury located outside these borders, but incorporated into the town's zoning plan and transferred to the implementation of its tasks the economy, as well as land owned by local government units or their associations may be given to perpetual use of perpetual individuals, and legal persons.
§ 2. Other grounds of the State Treasury, local or regional authorities or associations thereof may also be used in the cases provided for in the specific provisions of the law.
Article 233. [ User's perpetual authority] Within the limits, defined by the laws and principles of social coexistence and by the contract for the surrender of the State Treasury or land belonging to local government units or their compounds in perpetual use, the user may use the land excluding other persons. Within the same limits, a perpetual user can dispose of it by law.
Article 234. [ Giving land to perpetual use] The provisions on the transfer of property ownership shall apply mutatis mutandis to the transfer of land or land belonging to local or regional authorities or to the land of the State Treasury.
Article 235. [ Ownership of buildings and facilities] § 1. Buildings and other facilities erected on the ground of the State Treasury or land belonging to local or regional authorities or their union by a perpetual user are the property of the State Treasury. The same applies to buildings and other equipment which the perpetual user has acquired in accordance with the relevant legislation in the conclusion of the contract for the land to be used for perpetual use.
§ 2. The perpetuation of the property of buildings and equipment on the ground in use is a law related to the use of the perpetuation.
Article 236. [ Duration of perpetual use] § 1. The surrender of land or land belonging to local government units or their links in perpetual use shall be carried out for a period of ninety-nine years. In exceptional cases, where the economic objective of the perpetual usuup does not require ground for ninety-nine years, it is permissible to depart the land for a shorter period, but at least for the forty years.
§ 2. During the last five years prior to the expiry of the period stipulated in the contract, the perpetual user may demand his extension for a further period of forty to ninety-nine years; however, the perpetual user may have previously requested from the such a request, if the period of depreciation intended for the use of the land is substantially longer than the time which remains to the end of the period stipulated in the contract. The refusal to extend shall be admissible only on account of an important social interest.
§ 3. The agreement to extend the perpetual usualate should be concluded in the form of a notarial deed.
Article 237. [ Transfer of perpetual use] The transfer of perpetual usuallure shall apply mutatis mutandis to the transfer of immovable property.
Article 238. [ Annual fee] The perpetual user shall pay an annual fee for the duration of his entitlement.
Article 239. [ Content of the contract of perpetual use] § 1. The use of the land of the State Treasury or of land belonging to local or local government units or their relationships by a perpetual user should be defined in the contract.
§ 2. If the land in perpetual use is carried out for the purpose of ascension on the ground of buildings or other equipment, the contract shall specify:
1) deadline for commencing and completion of works;
(2) the type of buildings or equipment and the obligation to maintain them in due state;
3) the conditions and the deadline for reconstruction in the event of destruction or demolition of buildings or equipment during the lifetime of the perpetual use;
(4) the remuneration due to the perpetual user for the buildings or installations on the ground on the date of expiry of the perpetual usualment.
Article 240. [ Termination before deadline] The contract for the surrender of land or land belonging to local or regional authorities or their links in perpetual use may be terminated before the expiry of the time limit laid down therein, if the perpetual user is using the land in the the manner of course contrary to the purpose set out in the contract, in particular if, contrary to the agreement, the user did not raise the buildings or equipment specified therein.
Article 241. [ Termination of charges] As the perpetual use expires, the charges laid down on the perpetual use shall be extinguished.
Article 243. [ The redress of claims against the perpetuated user] A claim against the perpetual user to make good the damage caused by the misuse of the State Treasury or land belonging to local or regional authorities, as well as the claim of perpetual user the remuneration for the buildings and equipment existing on the day of the return of the land used shall expire on the expiry of the period of three years from that date.
TITLE III
Rights in rem limited
SECTION I
General provisions
Article 244. [ Directory of limited property rights] § 1. The limited rights in kind are: usage, service, pledge, cooperative ownership of the premises and the mortgage.
§ 2. The joint ownership of the premises and the mortgage shall be governed by separate provisions.
Article 245. [ Establishment of a restricted right in rem] § 1. Subject to the exceptions in the Act provided for, the provisions on transfer of ownership shall apply mutatis mutandis to the establishment of a restricted right in rem.
§ 2. However, the provisions on the inadmissibility of a condition or a term shall not apply to the establishment of a limited property right in property. The form of a notarial deed is only needed for the declaration of the owner, who the law establishes.
Article 245 1 . [ Transfer of restricted rights in kind] To transfer a limited right in rem in real estate there is a need for an agreement between the entitled and the purchaser and, if the law is disclosed in a perpetual ledger, the entry into that book, unless specifically provided for in the special provision.
Article 246. [ Waiver of the law] § 1. If the authorized renouncing the limited right in rem, the law shall expire. A declaration of waiving of the law should be submitted to the owner of the aggravated thing.
§ 2. However, when the law does not provide otherwise, and the law was disclosed in the perpetual book, it is necessary to remove the law from the perpetual book until its expiry.
Article 247. [ Transition to the owner of things] The limited right in rem shall be extinguished if it passes on the owner of the aggravated item, or if the person who has the right to do so will have the property of the burden charged.
Article 248. [ Changing the content of the law] § 1. To change the content of a limited legal right, there is a need for an agreement between the rightholders and the owner of the charge, and if the law was disclosed in the perpetual book-an entry into that book.
§ 2. If the change of the content of the law affects the rights of a third party, the consent of that person is required for change. A third party's statement should be submitted to one of the parties.
Article 249. [ Priority of limited rights in kind] § 1. If a few limited rights in rem are to be borne by the same thing, the right to be established subsequently cannot be exercised to the detriment of the law of the previous one (priority).
§ 2. This provision shall be without prejudice to provisions which shall prevail in a different manner.
Article 250. [ Priority Override] § 1. The priority of limited rights in kind may be changed. The change does not affect the rights which take precedence over the right to give priority to priority, and higher than the law which takes precedence over the outgoing law.
§ 2. In order to change the primacy of the rights of property limited, a contract is required between the one whose right is to give priority to the law, and the right to exercise the right to the outgoing right. If, although one of these laws is revealed in the perpetual book, there is also a need for an entry in the perpetual book.
§ 3. The change of priority shall take effect at the expiry of the law which has given priority to the priority.
Article 251. [ Protection of rights in kind limited] The provisions on property protection shall apply mutatis mutandis to the protection of rights of rem.
SECTION II
Usage
Chapter I
General provisions
Article 252. [ Usage] The benefit can be charged to the right to use it and to collect its benefits (use).
Article 253. [ Limitation of use] § 1. The scope of use can be limited by excluding marked benefit.
§ 2. The use of the property may be limited to the part of the property that is marked.
Article 254. [ Unnegotiable use] Usage is non-transferable.
Article 255. [ Expiry of use] Use is due to be extinguished by non-performing ten years.
Article 256. [ Executing the right of use] The user should exercise his right in accordance with the requirements of the correct economy.
Article 257. [ Use of assembly of means of production] § 1. If the use includes a specific assembly of means of production, the user may, within the limits of the correct economy, replace the individual components. The components thus incorporated shall be owned by the owner of the production unit in use.
§ 2. If the production unit used is to be returned according to the estimate, the user acquires the ownership of the individual components as soon as they have been issued; after the use has ceased, the same type of group and the same type of unit are required to be returned to the system. Unless otherwise restricted, the value of the value itself.
Article 258. [ Lifting of weights] In the mutual relations between the user and the owner, the user bears the weights, which according to the requirements of the correct economy should be covered from the benefits of things.
Article 259. [ Owner's inputs] The owner is not obliged to make an effort to pay for the use of the user. If such expenditure has been made, it may be required by the user to return them in accordance with the provisions on the conduct of other cases without an order.
Article 260. [ User Inputs] § 1. The user is obliged to make repairs and other expenses related to the usual use of things. The need for other repairs and inputs should immediately notify the owner and allow him to make the necessary works.
§ 2. If the user has made a contribution to which he has not been obliged, the provisions on the conduct of other cases without an order shall be applied accordingly.
Article 261. [ Claims of third parties] If a third party is against the user of claims relating to property, the user should immediately notify the owner of the property.
Article 262. [ Reimbursement of things] Upon expiry of the use, the user shall be obliged to return to the owner in the state in which he/she should be in accordance with the provisions on the performance of the use.
Article 263. [ Expiration of claims against user] The claim of the owner against the user to repair the damage due to a worsening of the goods or for the reimbursement of expenses for the benefit, as well as the user's claim against the owner for reimbursement of expenses for the benefit of the statute of limitations on the expiry of the year from the day reimbursement of things.
§ 2. (repealed)
Article 264. [ Invalid use] If the use covers money or other items marked only as a species, the user shall become the owner of the property at the moment of the issuance of the items. After the expiration of the use, it is required to be returned in accordance with the provisions on the repayment of the loan (incorrect use).
Article 265. [ Rights Usage] § 1. The subject of use may also be the rights.
§ 2. The use of rights shall apply mutatis mutandis to the use of rights.
§ 3. The provisions on the transfer of this right shall apply mutatis mutandis to the establishment of use on the law.
Chapter II
Use by natural persons
Article 266. [ Expiry Date] The use established for a natural person shall expire at the latest with its death.
Article 267. [ Privileges and responsibilities of the user] § 1. The user is obliged to keep the substance of the thing and its intended use.
§ 2. However, the user of the land can build and operate new facilities for the extraction of copalin with the preservation of the rules of geological and mining law.
§ 3. Prior to commencing the work, the user should inform the owner of his/her intention within a reasonable period of time. If the intended devices would change the purpose of the land or violate the requirements of the correct economy, the owner may request that the land be abandoned or the claim for the damage should be secured.
Article 268. [ New devices] The user can place new devices on the premises within such boundaries as the tenant.
Article 269. [ Securing, Landlord's designation] § 1. The owner may, for important reasons, require the user to secure a security by setting an appropriate time limit for that purpose. After the expiration of the deadline, the owner may ask the court to designate the manager.
§ 2. The User may request the repeal of the Management Board if it gives adequate security.
Article 270. [ Abnormal usage protection] The owner may refuse to issue the subject matter of the use of the abnormal use until it has obtained the appropriate security.
Chapter III
Use by agricultural cooperatives in production
Article 271. [ Land use of the Treasury] The use of land owned by the Treasury may be laid down for agricultural production cooperatives either as a fixed term or as a law of indefinite duration. In any event, such use shall expire on the winding-up of the cooperative.
Article 272. [ Ownership of buildings] § 1. If the agricultural production cooperatives are transferred to the use of the land Treasury, the transfer of buildings and other facilities may take place either for use or for property.
§ 2. The buildings and other equipment erected by the agricultural production cooperative on the land used by the State Treasury are the property of the cooperative, unless it is reserved in the decision to transfer the land, that they are to be owned by the cooperative Treasury.
§ 3. Separate property of buildings and other equipment, as provided for in the preceding paragraphs, is the law related to land use.
Article 273. [ Ownership of buildings after expiry of use] If the land use of the State Treasury by the agricultural cooperative has expired, the buildings and other equipment permanently linked to and owned by the cooperatives shall be owned by the State Treasury. The cooperative may demand payment of the value of those buildings and facilities at the time of expiry of the use, unless they have been erected against the socio-economic purpose of the land.
Article 274. [ Trees and other plants] The provisions relating to the ownership of buildings and other facilities on the basis of the State Treasury used by the agricultural production cooperatives are applicable to trees and other plants respectively.
Article 275. [ Change of land use] The agricultural production cooperative may change the use of the land owned by the State Treasury or to infringe on its substance, unless otherwise reserved in the decision to transfer the land.
Article 277. [ Groundwater Cartridges] § 1. If the statutes of an agricultural production cooperative or a contract with a member of a cooperative does not, in other words, decide, the cooperative acquires the use of the land for use by the members at the time of taking over the contributions.
§ 2. The provisions on the obligation to maintain the form of a notarial deed when the use of immovable property are established do not apply to the contribution of land contributions.
Article 278. [ Privileges resulting from statutes] The agricultural statute of a production cooperatives may decide that, where the proper performance of the cooperative's tasks so requires, it has the right to modify the use of the land contributions and the right to infringe the substance of the cooperative or one of the those entitlements.
Article 279. [ Ownership of buildings and plants] § 1. The buildings and other equipment erected by the agricultural production cooperatives on land constituting the land contribution shall be owned by it. The same applies to trees and other plants planted or planted by a cooperative society.
§ 2. In the event of expiry of the land use, the plot of land on which the buildings or facilities owned by the cooperative are located may be taken over by the cooperative for the payment of the value at the time of expiry of the use. The trees and other plants planted or planted by the cooperative become the property of the owner of the land.
Chapter IV
Other Usage Accidents
Article 284. [ Application of the provisions of the Act concerning other cases of use by legal persons] Other accidents of use by legal persons shall apply the provisions of Chapter I and Chapter II of this Chapter respectively, provided that the use of such use is not otherwise regulated by separate provisions.
SECTION III
Handmaids
Chapter I
Ground minions
Article 285. [ Grouse of land] § 1. The property may be charged to the owner of another property (owned property) by the law, the content of which is either that the owner of the owner's property may use the determined range from the property charged, or on that, that the owner of the property shall be restricted in the exercise of his or her specific activities, or that the owner of the immovable property is not permitted to exercise certain rights which he/she has in relation to the immovable property wielding a rule based on content and enforcement properties (ground ministerial).
§ 2. The land use may only be intended to increase the utility of the property of the wielding or its designated part.
Article 286. [ Establishment of the service of agricultural production cooperatives] Agricultural production cooperatives may establish land use irrespective of whether the cooperative is the owner of the land.
Article 287. [ Scope and exercise of the handmaids] The scope of the ground service and the way it is performed means, in the absence of other data, according to the principles of social coexistence, taking into account local customs.
Article 288. [ Way of Run] Ground ministerial service should be performed in such a way as to make it more difficult to use the chargeable property.
Article 289. [ Maintaining devices] § 1. In the absence of a different contract, the obligation to maintain the equipment needed for the exercise of the ground service shall be borne by the owner of the estate.
§ 2. If the obligation to hold such equipment is inserted into the owner of the laden property, the owner shall also be personally responsible for the performance of that obligation. The personal responsibility of the co-owners shall be jointly and severally.
Article 290. [ Real Estate Breakdown] § 1. In the event of a division of immovable property, the property shall be maintained in force for each of the parts created by the division; however, when the servant increases the usefulness of only one or more of them, the owner of the laden property may request his release from the service to the rest of the others.
§ 2. In the case of division of immovable property, the mability shall be maintained in respect of parts created by the division; however, where the exercise of the service is limited to one or more of them, the owners of the other parts may request their exemption from the minimality.
§ 3. If, as a result of the division of a leaping property or immovable property, the exercise of the service needs to be changed, the manner in the absence of agreement of the parties shall be determined by the court.
Article 291. [ Changing the content of the handmaids] If, after the establishment of ground minimisation, an important economic need arises, the owner of the aggravated property may be required to pay for a change of content or a method of performance of the service, unless the requested change would have been disproportionate the loss of the property of the ruler.
Article 292. [ Merging] Ground ministerial can be acquired by incumbency only in the event of the use of a permanent and visible device. The provisions on the acquisition of property ownership by the planting of property shall apply mutatis mutandis.
Article 293. [ Termination] § 1. The ground ministerial service expires in the absence of ten years.
§ 2. If the content of the ground service consists in the obligation to do so, the foregoing provision applies only when, on the property of the aggravated property, there has been for ten years a state of affairs which contradicts the content of the service.
Article 294. [ Abolition for remuneration] The owner of the aggravated property may demand the abolition of the groundwater service for remuneration if, as a result of the change in relations, the service has become particularly burdensome for it, and it is not necessary for the proper use of the property. This is the rule.
Article 295. [ Abolition without remuneration] If the land servant has lost all meaning to the property, the owner of the charge property may demand the abolition of the service without pay.
Chapter II
Personal handmaids
Article 296. [ Personal personality] The property may be charged to a designated natural person whose content corresponds to the content of the ground service (personal ministerial service).
Article 297. [ Application of the provisions on ground ministerial services] The provisions on land use shall be applied mutatis mutandis to the personal minions subject to the provisions of the chapter of this chapter.
Article 298. [ Scope and implementation] The scope of personal service and the way it is performed shall be marked, in the absence of other data, according to the personal needs of the rightholder having regard to the principles of social cohabitation and local customs.
Article 299. [ Termination] The personal service shall expire at the latest with the death of the rightholder.
Article 300. [ Unnegotiable] Personal minimisation is inalienable. You cannot also transfer the permissions to execute them.
Article 301. [ The Służebness of the apartment] § 1. The accommodation of the apartment may take on the apartment of the spouse and the children of minors. Other persons may accept only if they are held by him or are necessary for the conduct of the household. Children admitted as minors can stay in the apartment also after being full of age.
§ 2. You can make an appointment that after the death of the authorized service, the apartment is entitled to his children, his parents and his wife.
Article 302. [ Use of rooms] § 1. The dwelling service of the apartment can be used for the use of premises and facilities for the common use of the residents of the building.
§ 2. The mutual relations between the tenacity of the dwelling and the owner of the real-estate property shall be applied respectively by the provisions on the use by natural persons.
Article 303. [ Replacement for the X-ray] Where the holder of a personal service is entitled to gross misconduct in the exercise of his or her right, the owner of the immovable property may require the conversion of the service to the pension.
Article 304. [ Exclusion of planting] Personal handmaids cannot be purchased by the incumbency.
Article 305. [ The transfer of the chargeable property to the cooperative] If the immovable property ordered by a personal service has been made as a contribution to the agricultural production cooperatives, the cooperative may, for important reasons, demand a change in the way that the service is performed, or its conversion to an annuity.
Chapter III
Transmission minimability
Article 305 1 . [ Real Estate Load to Entrepreneur] The property may be charged to the entrepreneur who intends to build or whose property is the devices referred to in art. 49 § 1, the law relying on the fact that an entrepreneur can use in a determined range from the property charged, in accordance with the purpose of these devices (the transmission service).
Article 305 2 . [ Refusal to enter into a contract for the establishment of transmission minimability] § 1. If the owner of the property refuses to enter into a contract for the establishment of a transmission service, and it is necessary for the proper use of the facilities referred to in art. 49 § 1, the trader may request that it be set up as appropriate remuneration.
§ 2. If an entrepreneur refuses to enter into an agreement for the establishment of a transmission service, it is necessary to use the devices referred to in art. 49 § 1, the owner of the property may request appropriate remuneration in exchange for the establishment of the transmission service.
Article 305 3 . [ Transmission capacity] § 1. The transmission capacity shall pass to the purchaser of the undertaking or the purchaser of the facilities referred to in Article. 49 § 1.
§ 2. The duty of transmission shall expire at the latest when the liquidation of the undertaking is completed.
§ 3. After the expiry of the service, the obligation to remove the devices referred to in Article shall be subject to the obligation to remove the devices referred to in Article 4. 49 § 1, which impedes the use of immovable property. If this would result in excessive difficulties or costs, the trader shall be obliged to make good the damage caused.
Article 305 4 . [ Application of provisions for transmission minimisation] The provisions on land use shall apply mutatis mutandis to the minimisation of transmission.
SECTION IV
Pledge
Chapter I
Pledge on moving things
Article 306. [ Tabs] § 1. In order to secure the claimed claim, a movable property may be ordered to bear the right by virtue of which the creditor can claim the satisfaction of the property, irrespective of the fact that it has become the property, and the priority before the personal creditors. the owner of the goods, taking out those to whom the law is entitled by special priority.
§ 2. The pledge may also be established in order to secure a future or contingent claim.
Article 307. [ Establishment] § 1. A contract between the owner and the creditor is necessary to establish the pledge and, subject to the exceptions in the law provided for, the issue of the thing to the creditor or to the third party to which the parties have agreed.
§ 2. If the matter is in the lease of the creditor, the agreement itself is sufficient to establish the pledge.
§ 3. The pledge is effective against the creditors of the pledgus if the agreement to establish a pledge was concluded in writing with a certain date.
Article 308. [ Logins] The claim may also be secured by a registered pledge which governates separate provisions.
Article 309. [ Application of provisions on the acquisition of movable property from a person not entitled to dispose of the thing] The provisions on the acquisition of movable property from a person who is not entitled to dispose of it shall apply mutatis mutandis to the establishment of a pledge.
Article 310. [ Priority of the pledge] If, at the time of the establishment of the pledge, it is already subject to other rights in rem, the pledger shall be given priority over the law previously created, unless the pledger has acted in bad faith.
Article 311. [ Disposition of the burden] There is no disclaimer that the pledgee commits to the pledgee that it will not divesting or burdensome things before the pledge expires.
Article 312. [ Satisfaction of the pleder] Satisfaction of the pledgee shall be subject to the provisions of judicial enforcement proceedings.
Article 313. [ Things having a stiff price] If the subject of the pledge is the items determined by the management of the competent authority of the State rigid price, it may be agreed that, in the event of a delay with the payment of the debt, they will fall in the corresponding ratio of the lien on the property instead of payment, according to the prices on the date of the chartered claim requirement.
Article 314. [ Scope of security] The pledge also secures claims for interest for the last three years before the disposal of the goods in the enforcement or bankruptcy proceedings, the costs of the proceedings not exceeding the tenth part of the capital and other claims for Incidental benefits, in particular a claim for damages due to non-performance or improper performance of the undertaking and for reimbursement of inputs to the benefit.
Article 315. [ Allegations of pledgens] A debtor who is not a debtor may, regardless of the pleas in person against the lien, raise the pleas in which he or she is entitled to the debtor, as well as those whose debtor has renounced the debtor after the establishment of the pledge.
Article 316. [ Limitation of liability arising from inheritance law] The pledgee can claim satisfaction from the pledged property, regardless of the limitation of the debtor's liability under the law of succession.
Article 317. [ Limitation of claims secured by the pledge] The statute of limitations on the claims secured by the pledge shall not affect the pledger's entitlement to be satisfied with the burden. This provision does not apply to a claim for interest or other incidental benefits.
Article 318. [ Obligations of the pleder] The pledgee to whom it has been issued should ensure that it is maintained in accordance with the provisions on storage for remuneration. After the lapse of the pledge, he should return the pledgings.
Article 319. [ Retrieve of loans] If the pledge is subject to a loan, the pledger should, in the absence of a different contract, charge it and advance on the claim and the claims related thereto. After the expiry of the pledge, a pledged account is required.
Article 320. [ Lectures made by pledging] Where a pledger has made a contribution to which he has not been required, provision shall be made for the conduct of other cases without an order.
Article 321. [ Exposure of things to loss or damage] § 1. If a pledged pledge is exposed to loss or damage, the pledger may request or make a deposit for a court deposit, or a refund of things for the simultaneous establishment of another security of the claim or the sale of goods.
§ 2. In case of sale of the goods the pledge passes on the obtained price, which should be submitted to the court deposit.
Article 322. [ Redress of claims against pledding] § 1. The claim of a pledgor against the pledge to repair the damage due to the deterioration of the goods, as well as the claim of the pledgler against the pledgling for the reimbursement of expenses for the benefit of the statute of limitations on the expiry of the year from the day of the return of
§ 2. (repealed)
Article 323. [ Transfer of claims secured by pledge] § 1. The transfer of the claim secured by the pledge shall entail the transfer of the pledge. In the case of transfer of receivables excluding pledge lapse.
§ 2. The pledge cannot be transferred without a claim, which it secures.
Article 324. [ Buyer claim charge authority] The buyer of the claim secured by the pledge may require the seller to issue a burdened item if the pledger gives his consent. In the absence of such consent, the buyer may request the lodging of the item for a court deposit.
Article 325. [ Returning pledgents] § 1. If the pledger returns the pledger, the pledge shall cease regardless of any objections to the contrary.
§ 2. The pledge shall not expire despite the acquisition of the item charged by the pledger on the property, if the claim secured by the pledge is encumbered by the law of a third party or on its behalf occupied.
Article 326. [ Set of laws] The provisions of this Chapter shall apply mutatis mutandis to the pledge which arises under the Act.
Chapter II
Rights pledge
Article 327. [ The burden of the pledge of negotiable rights] The subject of the pledge may also be the rights, if they are negotiable.
Article 328. [ The application of the provisions on the pledge of things] The provisions on movable property shall apply mutatis mutandis to the pledge of rights, subject to the provisions of the Chapter of this chapter.
Article 329. [ Establishment of a pledge on the law] § 1. The provisions on the transfer of that right shall apply mutatis mutandis to the establishment of a pledge. However, an agreement to establish a pledge should be concluded in writing with a certain date, even if the transfer agreement did not require such a form.
§ 2. If the establishment of a pledge on receivables is not followed by the issue of the document or by the indos, a written notification of the debtor's receivables by the pleder is required to establish the pledge.
Article 330. [ Behavioual activities] The pledger may exercise any activity and claim any claim which is intended to preserve the rights of the pledged pledge.
Article 331. [ Termination of the aggravated claim] § 1. If the liability of the debt-laden claim depends on the creditor's notice, the pledgee may give notice without the consent of the pledgee. If the claim secured by the pledger is already due, the pledger may claim the debt-laden claim up to the amount of the secured claim.
§ 2. If the receivables of the pledge are subject to notice by the debtor, the dismissals shall also be terminated.
Article 332. [ Fulfilment of the benefit] In the event of a pledge, the claim shall be transferred to the subject of the benefit.
Article 333. [ Receipt of benefits] The claim is entitled to the claim and the pledger in total. Each of them may require the fulfilment of the benefit to the hands of both of them together or to submit the object of the benefit to the court deposit
Article 334. [ Courts] Where a pledged debt is met by the debtor, before the claim secured has become due, both the pledger and the pledger may request the submission of the subject of the benefit to the court's deposit.
Article 335. [ Require money claim] If the monetary claim of a pledged pledge is already due, the pledger may demand that the pledge be transferred to the pledger, if it is monetary, to the amount of the claim secured by the pledger. The pledger may assert a part of the receivables for that part of the claims with priority over the part of the pledger's part.
TITLE IV
Possession
Article 336. [ Self-existent and dependent holder] The holder of a thing is both the one who actually wields it as the owner (the self-holder) and the one who actually wields it like a user, a pledge, a tenant, a tenant or having a different right, with which the specified authority over the wonders of a person is connected Thing (dependent holder).
Article 337. [ Putting things in possession of a dependent] The self-existent holder does not lose possession of the fact that he gives the other thing dependent.
Article 338. [ Hire] Who is in fact ruler for whom he is, he is a wielder.
Article 339. [ Presumption of self-possession] It is presumed that the one who actually wields is the holder of the self-existent.
Article 340. [ Presumption of continuity of possession] The continuity of possession shall be presumed. The impossibility of having an obstacle caused by a transient obstacle does not interrupt the possession.
Article 341. [ Presumption of conformity with law] The possession shall be presumed to be in accordance with the legal status. That presumption shall also apply to possession by the previous holder.
Article 342. [ Protection of possession] You must not violate self-possession, even though the holder is in bad faith.
Article 343. [ Defense Necessary, Self-Help] § 1. The holder may use the necessary defence to repeal an arbitrary infringement.
§ 2. The property holder may immediately after an arbitrary violation of the possession to restore its own operation to the previous state; however, it must not apply violence against persons. The holder of a movable property, if he is in danger of unrestrained damage, may, immediately after the unauthorised deprivation of the property, apply the necessary self-help in order to restore the previous condition.
§ 3. The provisions of the preceding paragraphs shall apply mutatis mutandis to the hire.
Article 343 1 . [ Protection of the occupying premises] The provisions on the protection of possession shall be applied for the protection of the occupying of premises.
Article 344. [ Claims by holder] § 1. Against those who have been subject to an arbitrary violation of the possession, as well as against the benefit of the infringement, there is a claim for the holder of the claim to restore the previous state and to the failure to comply. This claim is not dependent on the good faith of the holder, nor on the conformity of possession with the legal status, unless the final judgment of the court or another appointed to recognize cases of such a state body has determined that the state of possession the infringement was lawful.
§ 2. The application shall expire if it is not coming within a year of the time of the infringement.
Article 345. [ Restoration of possession] The possession of the reinstated is made for uninterrupted.
Article 346. [ Co-ownership] A claim for the protection of possession shall not be due to the relationship between the co-holders of the same thing if there is no scope for co-possession.
Article 347. [ Pause of construction] § 1. The property holder shall have a claim for a halt to the construction if the construction could compromise its possession or threaten to cause damage to it.
§ 2. The application may be commenced before the construction begins; it shall expire if it is not coming within one month of the start of the construction.
Article 348. [ Move holding] The transfer takes place through the issue of things. The issue of the documents that enable the disposition of a thing, as well as the issue of measures that give the actual power over the thing, is unambiguous with the release of the very thing itself.
Article 349. [ Move with power of power] The transfer of a self-possession may also occur in such a way that the existing self-holder will retain the benefit in his or her ruler as a dependent or as a hire holder on the basis of a legal relationship which the parties will determine at the same time.
Article 350. [ Agreement for the transfer of self-possession, notification of the holder of the subsidiary] Where a person is in possession of a dependent or a third party, the transfer of a self-owned possession shall be effected by a contract between the parties and by the notification of the dependent or the holder of the subsidiary.
Article 351. [ Transfer of spontaneous possession to the dependent holder] The transfer of a self-owned possession to a dependent or hire-holder shall be effected by virtue of the agreement between the parties itself.
Article 352. [ Possession of handmaids] § 1. Who actually uses someone else's property in terms of the content of the handmaids, is the holder of the handmaids.
§ 2. The provisions of the possession of the goods shall apply to the possession of the service of the goods.
THIRD BOOK
COMMITMENTS
TITLE I
General provisions
Article 353. [ commitments] § 1. The obligation is that the creditor may require the debtor to provide the benefit and the debtor should be able to fulfil it.
§ 2. A witness may rely on action or omission.
Article 353 1 . [ Principle of freedom of contract] The contracting parties may establish a legal relationship according to their recognition that their content or purpose does not object to the (nature) property of the relationship, the law or the principles of social coexistence.
Article 354. [ Fulfilment of commitments] § 1. The debtor should make a commitment in accordance with its content and in a manner which corresponds to its socio-economic objective and to the principles of social coexistence, and if there are established habits in this respect-also in a manner corresponding to those of the customs.
§ 2. In the same way, the creditor should co-operate in the performance of the undertaking.
Article 355. [ Due Diligence] § 1. The obligor is obliged to diligence generally required in the relations of a given type (due diligence).
§ 2. The diligence of the debtor in respect of his business activities shall be determined by taking into account the professional nature of the activity.
Article 356. [ Personal benefit of the debtor] § 1. A creditor may demand the personal benefit of the debtor only if that is apparent from the content of the legal act, either from the law or from the performance of the benefit.
§ 2. If a monetary claim is due, the creditor shall not refuse to accept a benefit from a third party, even if it has acted without the knowledge of the debtor.
Article 357. [ Quality of things marked as a species] If the debtor is obliged to provide goods marked only in respect of the species, and the quality of the item is not marked by the relevant provisions or by the legal action nor is it due to the circumstances, the debtor should provide the things of the medium quality.
Article 357 1 . [ Extraordinary change of relations] If, by reason of an unusual change in relations, the fulfilment of the benefit would have been combined with excessive difficulties or would have threatened one of the parties to a blatant loss, the parties may, after having considered the interests of the parties, not foresee the interests of the parties, in accordance with the principles of social coexistence, mark the manner of performance of the undertaking, the amount of the benefit or even rule on termination of the contract. In resolving the contract, the court may, where necessary, rule on the settlement of the parties, following the principles set out in the preceding sentence.
§ 2. (repealed)
Article 358. [ Monetary principle] § 1. If the subject of an obligation to be executed on the territory of the Republic of Poland is the sum of money denominated in a foreign currency, the debtor may fulfil the benefit in the Polish currency, unless the law, the judicial decision being the source the liability or legal action reserves the fulfilment of the provision in foreign currency only.
§ 2. The value of the foreign currency shall be determined by the average rate announced by the National Bank of Poland on the day of the required claim, unless the Act, court decision or legal action reserves otherwise.
§ 3. If the debtor is delayed with the fulfilment of the benefit, the creditor may require the fulfilment of the benefit in the Polish currency according to the average rate announced by the National Bank of Poland of the date on which the payment is made.
Article 358 1 . [ Nominalizm and valorisation] § 1. Where the subject of a commitment from the moment of its establishment is the sum of money, the payment shall be effected by payment of the nominal amount, unless otherwise specified in the special provisions.
§ 2. The parties may stipulate in the contract that the amount of the cash benefit will be determined according to the amount other than the value of the meter of value.
§ 3. In the event of a significant change in the purchasing power of money after the undertaking has been incurred, the court may, after considering the interests of the parties, in accordance with the principles of social coexistence, change the amount or the way in which the cash benefit is met, even if they have been established in the the decision or the contract.
§ 4. A party leading the undertaking may not be requested to change the amount or the way in which a cash benefit is fulfilled, if the benefit is in connection with the establishment of the undertaking.
§ 5. The provisions of paragraphs 2 and 3 shall not prejudice the provisions governing the amount of the prices and other cash benefits.
Article 359. [ Interest] § 1. Interest on the sum of money shall be included only if this is due to a legal act either from the law, from a court decision or from a decision of another competent authority.
§ 2. If the amount of interest is not otherwise specified, the statutory interest shall be at an amount equal to the sum of the reference rate of the National Bank of Poland and 3,5 percentage points.
§ 2 1 The maximum amount of interest resulting from a legal action may not exceed twice the amount of statutory interest (maximum interest) on an annual basis.
§ 2 2 If the amount of interest resulting from the legal act exceeds the maximum interest, the maximum interest shall be included.
§ 2 3 The contractual provisions may not exclude or restrict the provisions on the maximum interest, including in the event of a choice of foreign law. In such a case the provisions of the Act shall apply.
§ 3. (repealed)
§ 4. The Minister of Justice announces, by means of the notice, in the Official Gazette of the Republic of Poland "Monitor Polski", the amount of statutory interest.
Article 360. [ Term of interest payments] In the absence of a disparate reservation as to the time limit for payment of interest, they shall be paid annually from the bottom, and if the time limit for payment of the sum of money is less than one year-at the same time as payment of that sum.
Article 361. [ CAUSATION] § 1. The liability shall be liable only for the normal consequences of the action or omission from which the damage resulted.
§ 2. Within the above limits, in the absence of a different provision of the Act or the provisions of the contract, the compensation of damage includes the losses which the injured party incurred, and the benefits it could achieve if the damage were not done to him.
Article 362. [ Contribution to the Affected Person] If the injured person has contributed to the creation or increase of the damage, the obligation to make good the damage shall be reduced accordingly according to the circumstances and, in particular, to the degree of fault of the two parties.
Article 363. [ Repairing damage] § 1. The damage should be repaired according to the choice of the victim, either by reinstating the previous state or by payment of the corresponding amount of money. However, if the reinstatement of the previous state was impossible, or if it entared an excessive difficulty or cost, the claim of the injured party is limited to the provision in money.
§ 2. If the repair is to occur in money, the amount of the compensation should be determined at the price of the date of the determination of the compensation, unless special circumstances require admission as a basis of prices existing at a different time.
Article 364. [ Security] § 1. Whenever the Act provides for a security obligation, the security should take place by deposing the money into a court deposit.
§ 2. However, for important reasons the security may take place in a different way.
Article 365. [ transformation undertaking] § 1. If the debtor is obliged in such a way that the performance of the undertaking may be effected by fulfilling one of several benefits (transformation obligation), the selection of the benefit belongs to the debtor, unless by legal act, by law or from the circumstances it is clear that the right to choose is the creditor or the third party.
§ 2. The selection shall be made by making a declaration to the other party. If the debtor is a debtor, he/she may also make a choice by fulfilling the benefit.
§ 3. If the party entitled to choose the choice does not make the choice, the other party may set a time limit for that purpose. After an unsuccessfully expiration date, the authority to make the selection moves to the other.
Article 365 1 . [ Termination of an indefinite obligation] An untimely commitment of a continuous nature shall expire after the debtor or the creditor has terminated the contractual, statutory or customary terms and, in the absence of such time-limits, immediately after the termination.
TITLE II
Multiplicity of debtors or creditors
SECTION I
Solidarity commitments
Article 366. [ Solidarity of debtors] § 1. A number of debtors may be obliged in such a way that the creditor can demand all or part of the benefit from all debtors in total, from a number of them or from each of them separately, and the satisfaction of the creditor by any of the debtors shall be released. other (solidarity of debtors).
§ 2. Until the full satisfaction of the creditor, all the solitary debtors shall remain obliged.
Article 367. [ Solidarity of creditors] § 1. Several creditors can be entitled in such a way that the debtor can fulfil the entire benefit to the hands of one of them, and by satisfying any of the creditors the debt expires in respect of all (the solidarity of creditors).
§ 2. The debtor can fulfil the benefit, according to his choice, at the hands of any of the solidarity creditors. However, in the event of a claim by one of the creditors, the debtor should be able to carry out a benefit to his/her hands.
Article 368. [ Debtor's undertaking] The obligation may be jointly and severally liable, even if each of the debtors is obliged to do so differently, or even if the joint debtor is obliged to do so differently from each of the creditors.
Article 369. [ Solidarity base] The undertaking shall be jointly and severally liable if it is the result of a law or a legal act.
Article 370. [ Commitment concerning common property] If a number of persons have entered into an obligation concerning their common property, they shall be jointly and severally liable, unless otherwise agreed.
Article 371. [ Protection of co-debtors] Acts and omissions of one of the solitary debtors shall not be detrimental to the co-debtors.
Article 372. [ Statute Of Limitations] The interruption or suspension of the limitation period in respect of one of the joint and several debtors shall not have any effect on the debtors.
Article 373. [ Exemption of one of the debtors] An exemption from debt or a waiver of solidarity by a creditor to one of the solicitors in solidarity has no effect on the debtors.
Article 374. [ Renewal, creditor delay] § 1. A renewal made between the creditor and one of the debtors in solidarity shall be released by the creditors, unless the creditor has stipulated that he retains his rights against them.
§ 2. The creditor of one of the solitary debtors shall also have the effect of having regard to the co-debtors.
Article 375. [ Allegations of Debtor] § 1. A solicitor may defend the charges which he or she may have in person with respect to the creditor, as well as those which, by reason of the way in which the undertaking is created or the content of the undertaking, are common to all debtors.
§ 2. The judgment has been made in favour of one of the debtors of the joint-debtors, if it takes into account the allegations which are common to all of them.
Article 376. [ Regres between co-debtors] § 1. If one of the solicitors in solidarity has fulfilled the benefit, the content of the existing relationship between the two debtors of the legal relationship shall be settled on whether and in what parts it may request reimbursement from the co-debtors. If nothing else is apparent from the content of that relationship, the debtor who has fulfilled the benefit may request reimbursement in equal parts.
§ 2. The part of an insolvent debtor shall be broken down between the two debtors.
Article 377. [ Protection of co-creditors] The debtor's delay, as well as the interruption or suspension of the limitation period in respect of one of the solidarity creditors, also has a effect on the co-creditors.
Article 378. [ Regres between the co-creditors] If one of the solidarity creditors has accepted the benefit, the content of the existing relationship between the co-creditors of the legal relationship shall decide whether and in what parts it shall be responsible to the co-creditors. If nothing else is apparent from the content of this relationship, the creditor who has accepted the benefit shall be responsible in equal parts.
SECTION II
Divisible and indivisible
Article 379. [ divisible] § 1. If there are several debtors or several creditors, and the benefit is divisible, both the debt and the claim shall be divided into as many independent parts as those of the debtors or creditors. Those parts shall be equal if nothing else is apparent from the circumstances.
§ 2. The witness is divisible if it can be fulfilled in part without any material change of the object or value.
Article 380. [ Liability of debtors] § 1. Debtors obliged to provide an indivisible benefit shall be responsible for the fulfilment of the benefits as solicitors in solidarity.
§ 2. In the absence of a different agreement, debtors obliged to provide divisible shall be liable for its fulfilment of solidarity, if the mutual benefit of the creditor is indivisible.
§ 3. A debtor who has fulfilled the atomic benefit may require the other debtors to return the value of the benefit according to the same rules as the solicitor's debtor.
Article 381. [ Creditors ' rights] § 1. If there are several creditors entitled to an indivisible benefit, each of them may require the fulfilment of the entire benefit.
§ 2. However, in the event of opposition by one of the creditors, the debtor shall be obliged to provide all the creditors together or to lodge the object of the benefit to the judicial deposit.
Article 382. [ Exemption from debt, delay of one of the debtors] § 1. The release of a debtor from the debt by one of the creditors entitled to an indivisible benefit shall have no effect on the other creditors.
§ 2. The owner of the debtor, as well as the interruption or suspension of the limitation period in respect of one of the creditors entitled to the atomic benefit, shall have effect with regard to the other creditors.
Article 383. [ Regres between creditors] If one of the creditors entitled to the non-divisible benefit has accepted the benefit, he shall be liable to the other creditors according to the same rules as the solidarity creditor.
TITLE III
General provisions on contractual obligations
Article 383 1 . [ Prohibition of demand from the consumer in excess of the costs incurred] The trader may not require the consumer to pay for the use of a particular payment in excess of the costs incurred by the trader in connection with that payment method.
Article 384. [ Consumer Protection] § 1. The standard of the contract, which shall be determined by one of the parties, and in particular the general terms of the contract, the model contract, the rules of procedure, shall be binding on the other party if it has been served before the conclusion
§ 2. Where the use of a pattern is customary in its relations, it also implies that the other party could easily find out about its content. However, this does not apply to contracts concluded with the participation of consumers, with the exception of contracts which are commonly concluded in small, current affairs of everyday life.
§ 3. (repealed)
§ 4. If one of the parties uses an electronic contract pattern, it should make it available to the other party prior to the conclusion of the contract in such a way that it can store and restore it in the ordinary course of the action.
§ 5. (repealed)
Article 384 1 . [ Pattern issued over the duration of the contractual relationship] The standard issued for the duration of a contractual relationship of a continuous nature shall be binding on the other party if the requirements laid down in Article 4 are respected. 384, and the party did not terminate the contract at the earliest notice.
Article 385. [ Contradiction of the contents of the agreement with the pattern] § 1. If the content of the contract is contradiced, the agreement pattern is associated with the contract.
§ 2. The contract pattern should be formulated unambigually and comprehensively. The ambiguous provisions are explained in favour of the consumer. The principles expressed in the preceding sentence shall not apply in proceedings for matters of recognition of the provisions of the standard of the contract as not permitted.
Article 385 1 . [ Prohibited contractual provisions] § 1. The provisions of a contract concluded with a consumer not individually agreed upon shall not bind it if they shape its rights and obligations in a manner contrary to good morals, grossly in violation of its interests (disallowed contractual provisions). This does not apply to the provisions governing the main benefits of the parties, including the price or remuneration, if they are unequivocally formulated.
§ 2. If the provision of the contract in accordance with § 1 does not bind the consumer, the parties are bound by the agreement in the remaining scope.
§ 3. Those provisions of the agreement on which the consumer did not have a real influence are not individually agreed upon. In particular, this refers to the provisions of the contract taken from the pattern of the contract proposed to the consumer by the counterparty.
§ 4. The burden of proof that the order has been agreed upon individually lies with the one who calls it.
Article 385 2 . [ Evaluation of the compatibility of the contract with good morals] The assessment of conformity of the provisions of the contract with good customs shall be made at the time of conclusion of the contract, taking into account its content, the circumstances of the conclusion and having regard to the contracts which are in connection with the contract involving the provision of which subject of assessment.
Article 385 3 . [ Catalogue Of Prohibited Contractual Provisions] In the event of doubt, it shall be considered that the prohibited contractual provisions are those which, in particular:
1) exclude or limit the liability to the consumer for personal injury;
2) exclude or significantly limit the liability to the consumer for the non-execution or improper performance of the undertaking;
3) exclude or substantially limit the deduction of the consumer's claims with the claim of the other party;
4. provide for provisions with which the consumer has not had the opportunity to review before the conclusion of the contract;
5) allow the consumer's contractor to transfer the rights and transfer the obligations resulting from the contract without the consent of the consumer;
6. make the conclusion of a contract subject to the promise by the consumer to conclude further contracts of a similar nature in the future;
7) make the conclusion, the content or the execution of the contract subject to the conclusion of another contract, not directly connected with the contract containing the assessed provision;
8) make the fulfilment of the benefit conditional on the circumstances dependent only on the will of the consumer's counterparty;
9) grant to the consumer's counterparty the power to make a binding interpretation of the contract;
10) entitle the consumer's counterparty to a unilateral amendment of the contract without the valid reason indicated in the contract;
11) grant only the consumer's contractor the power to determine the compliance of the benefit with the contract;
12) exclude the obligation to reimburse to the consumer the payment of the provision not fulfilled in whole or in part, if the consumer resigns from the conclusion of the contract or its execution;
13) provide for the loss of the right of claim for the return of the benefit of a consumer already fulfilled than the delivery of the counterparty, when the parties are speaking, disbanding or resigning from the contract;
14) deprive only the consumer of the power to terminate the contract, to withdraw from it or to terminate it;
15) reserve to the consumer's counterparty the right to terminate the contract concluded for an indeterminate period, without indicating valid reasons and the relevant date of termination;
16) impose only on the consumer the obligation to pay a fixed sum in case of cancellation of the conclusion or performance of the contract;
17) impose on a consumer who has not made a commitment or waives the contract, the obligation to pay a grossly exorbitant contractual penalty or a blank;
18. stipulate that the contract concluded for a period of time shall be extended unless the consumer, for whom a abnormally short time limit is reserved, does not make an opposing statement;
(19) provide for a unilateral right of change only for the consumer's counterparty, without any valid reason, of the essential characteristics of the benefit;
20) provide for the entitlement of the consumer's counterparty to determine or increase the price or remuneration after the conclusion of the contract without granting the consumer the right to withdraw from the contract;
21) make the liability of the consumer's counterparty dependent on the performance of the obligations by the persons through whom the consumer's counterparty contains the contract or where the assistance exercises its obligation, or subject that liability to the the consumer satisfies unduly burdensome formalities;
22) provide for the obligation to execute the obligation by the consumer in spite of the non-execution or improper performance of the obligation by its counterparty;
23) exclude the jurisdiction of the Polish courts or give the case under the settlement of a court of amicable Polish or foreign or other authority, and they impose the case recognition by the court, which according to the law is not locally competent.
Article 385 4 . [ Agreement between entrepreneurs using different contract patterns] § 1. The agreement between operators applying different contract patterns does not include those provisions of the patterns which are contradicting them.
§ 2. The contract shall not be concluded when, upon receipt of the offer, the party shall immediately notify that it does not intend to conclude the contract under the conditions provided for in § 1.
Article 387. [ Original Impossibility] § 1. The agreement cannot be null and void.
§ 2. The party which, at the time of the conclusion of the contract, was aware of the impossibility of the benefit, and the other party from the error did not lead, shall be obliged to remedy the damage suffered by the other party by the fact that it had entered into a contract without knowing of the impossibility benefits.
Article 388. [ Exploitation] § 1. If one of the parties, exiting a forced location, negligence or inexperience of the other party, shall, in return for his benefit, accept or reserve for himself or for a third party a benefit whose value at the time of concluding the contract exceeding the value of its own benefit, the other party may demand a reduction of its benefit or increase due to its benefit, and in the event that one and the other would be unduly obstructed, it may request a declaration of invalidity contracts.
§ 2. The above powers shall expire within the period of two years from the date of conclusion of the contract.
Article 389. [ Preliminary Agreement] § 1. A contract by which one of the parties or both of the parties undertake to conclude a designated contract (pre-preliminary agreement) shall specify the essential provisions of the agreement in question.
§ 2. If the time limit within which the contract is to be concluded is not marked, it shall be concluded within a reasonable period of time designated by the party entitled to request the conclusion of the agreement in respect of which the contract is to be concluded. If the two parties are entitled to request the conclusion of the contract, and each of them has set a different time limit, the parties shall be bound by the time limit set by the party which has previously made the relevant declaration. If, within a year from the date of the conclusion of the pre-agreement contract, no time limit has been set for the conclusion of the contract, the conclusion of the contract may not be required.
Article 390. [ Repeal from the conclusion of the pre-pre-agreement] § 1. If the party responsible for the conclusion of the agreement has been waived from its conclusion, the other party may request compensation for the damage suffered by the fact that it was counting on the conclusion of the agreement in respect of which it was in question. The parties may, in the pre-preliminary agreement, specify the extent of the compensation.
§ 2. However, when the pre-preliminary agreement rendes the satisfaction of the requirements on which the validity of the contract is subject, in particular the requirements as to the form, the party entitled may be entitled to enter into a contract for the purposes of which the contract is in question.
§ 3. The claims from the pre-pre-contractual agreement shall expire on the expiry of the year from the date on which the contract of the contract was to be concluded. If the court has given a request for an admonished contract, the claims from the prepretrial contract shall expire on the expiry of the year from the date on which the decision became final.
Article 391. [ Agreement for the provision by a third party] If, in the contract, the third party has entered into a specific obligation or has fulfilled a specific obligation, the one who has made such a pledge is responsible for the damage which the other party bears by the fact that the third party refuses to do so. a commitment or does not meet the benefit. However, it may be exempted from the obligation to repair the damage by fulfilling a promised benefit, unless it opposes the contract or the nature of the benefit.
Article 392. [ Debt exemption agreement] If a third party has committed itself to relieve the debtor from the obligation to provide it, it shall be liable to the debtor for the fact that the creditor will not be required to fulfil the benefit of the debtor.
Article 393. [ Agreement for the benefit of a third party] § 1. If the contract stipulates that the debtor will satisfy the benefit to a third party, that person may, in the absence of a different provision of the contract, request directly from the debtor the fulfilment of the reserved benefit.
§ 2. Disclaimer as to the obligation to provide the benefit to a third party may not be revoked or amended if the third party has stated to any of the parties that he wishes to use the reservation.
§ 3. The debtor may raise the charges from the contract also against a third party.
Article 394. [ Jobs] § 1. In the absence of any other contractual reservation or custom made by the contract concerned, it is of the importance that, in the event of a failure by one of the parties to contract, the other party may, without the appointment of an additional date from the contract, waive and receive the contract. keep, and if it has given it, it can demand a sum of twice the higher.
§ 2. In the event of a contract being executed, the payment shall be credited against the party which gave it; if it is not possible, the payment shall be recovered.
§ 3. In the event of termination of the contract, the payment should be returned, and the obligation to pay the sum twice the higher shall be dropped. The same applies to an accident where failure to comply with the contract was due to circumstances for which neither party is responsible or for which the two parties are responsible.
Article 395. [ Right Of Withdrawal] § 1. You may stipulate that one or both parties will be entitled to withdraw from the contract within the time limit. This right shall be carried out by a declaration made on the other party.
§ 2. In the event of the exercise of the right of withdrawal, the contract shall be deemed not to be What the parties have already provided is refundable in the unaltered state, unless the change was necessary within the limits of the ordinary management board. For the services provided and for the use of things, the other side should be remunerate accordingly.
Article 396. [ Spacing] If it is reserved that one or both parties may withdraw from the contract for the payment of the marked sum (blank), the declaration of withdrawal shall be effective only if it has been submitted simultaneously with the payment of the apostate.TITLE IV
(repealed)
Article 397. (repealed) Article 398. (repealed) Article 399. (repealed) Article 400. (repealed) Article 401. (repealed) Article 402. (repealed) Article 403. (repealed) Art. 404. (repealed)
TITLE V
Unjust enrichment
Article 405. [ Unwarranted enrichment] Who, without a legal basis, has obtained an economic advantage at the expense of another person, is obliged to issue an advantage in kind, and if that was not possible, to repay its value.
Article 406. [ Reimbursement of benefits] The obligation to confer an advantage covers not only the benefit directly obtained, but also all that, in the event of divestment, loss or damage, has been obtained in return for that benefit or as a remedy.
Article 407. [ Third party obliged to return] If the person who, without a legal basis, has obtained an economic advantage at the expense of another person, has distributed the benefit to the third party free of charge, the obligation to issue the benefit shall pass to that third party.
Article 408. [ Reimbursement of inputs] § 1. The obligation to grant an advantage may require the reimbursement of the expenses necessary for the amount of the expenses, unless they have been covered by the use which it has achieved. Reimbursement of other inputs may be requested of as much as they increase the value of the benefit at the time of its issue; however, it may take these inputs, restoring the previous state.
§ 2. Whoever did the lectures knew that the advantage did not belong to him, he was able to demand reimbursement of expenses only by so much as they increase the value of the benefit at the time of its issue.
§ 3. If the requesting benefit is obliged to reimburse the expenses, the court may, instead of issuing an advantage in kind, order the return of its value in money with the deduction of the value of the inputs that the requesting would be required to return.
Article 409. [ Return obligation expires] The obligation to reap the benefit or return of its value shall be extinguished if the benefit obtained, has consumed it or forfeit in such a way that it is no longer enriched, unless the benefit of the benefit or the use of it should have been the responsibility of the repayment obligation.
Article 410. [ Undue benefit] § 1. The provisions of the preceding Articles shall apply in particular to the benefit of the undue payment.
§ 2. The benefit is undue if the person who has fulfilled it has not, or has not, been obliged to the person whom he has provided, or if the basis of the benefit has been removed or the intended purpose of the benefit has not been attained, or if the legal act obliging the benefit was invalid and did not become valid after the performance was fulfilled.
Article 411. [ Exclusion of benefit return] The benefit cannot be requested:
1) if the fulfilling benefit knew that it was not for the benefit of the obligation, unless the fulfilment of the benefit occurred subject to a refund or to avoid coercion or in the execution of an invalid legal act;
(2) if the fulfilment of the benefit makes the principles of social coexistence a true true;
3) if the benefit has been fulfilled in order to redress the statute of the statute of the expired claim;
4) if the benefit has been fulfilled before the claim has become due.
Article 412. [ The forfeiture of the benefit to the Treasury] The Tribunal may decide to forfeit a benefit to the State Treasury if the benefit has been knowingly fulfilled in return for an act prohibited by the law or for the purpose of a wicked one. If the subject of the benefit has been used or lost, the forfeiture may be forfeited.
Art. 413. [ Benefit of game and plant] § 1. Whoever meets the benefit of the game or establishment may not demand a refund, unless the game or establishment has been banned or unreliable.
§ 2. Claims of a game or plant can be claimed only if the game or establishment was conducted on the basis of the permission of the competent state authority.
Article 414. [ Claims procedure] The provisions of this Title shall not prejudice the provisions on the obligation to repair the damage.
TITLE VI
Acts not allowed
Article 415. [ Principle of guilt] He who, by his fault, has caused the other injury, is obliged to redress it.
Art. 416. [ The fault of the body of the legal person] A legal person shall be obliged to remedy the damage caused by the fault of its authority.
Art. 417. [ Damage to the exercise of public authority] § 1. The liability of the State Treasury or local or local authorities or any other legal person exercising that power under the law shall be liable for damage caused by unlawful act or omisance in the exercise of public authority.
§ 2. If the exercise of public authority tasks has been commissioned, under an agreement, a local government entity or any other legal person, and severally liable for the damage suffered, the contractor and the contracting entity shall be responsible for the damage suffered by the contractor. the local government or the State Treasury.
Article 417 1 . [ It is a pity resulting from the issue or non-release of a normative act or decision] § 1. If the damage has been caused by the issue of a normative act, its redress may be requested after the non-compliance of that act with the Constitution, ratified by an international agreement or by a law in the relevant proceedings.
§ 2. [ 2] Where the damage has been caused by the issuance of a final decision or a final decision, the redress may be requested after having been found in the relevant proceedings of illegality, unless otherwise provided for in the separate provisions. This also applies to an accident where a final decision or a final decision has been issued on the basis of a normative act incompatible with the Constitution, ratified by an international agreement or by law.
§ 3. Where the damage has been caused by the non-issue of a decision or decision, where the obligation to issue the decision provides for a provision of the law, the remedy may be requested after it has been found in the relevant proceedings that the decision or decision has not been given a decision, unless separate provisions provide otherwise.
§ 4. If the damage has been caused by the non-issue of a normative act, whose obligation to issue provides for a rule of law, the incompatibility with the right not to issue the act shall state the court which recognizes the case for remediation of the damage.
Article 417 2 . [ Lawful exercise of public authority] If, by lawful exercise of the public authority, damage to the person concerned has been caused, the injured person may request full or partial redress and the payment of money for the injury suffered, where circumstances and, in particular, the circumstances of the the incapacity of the aggrieved to work or its heavy material position, indicate that this is the need for fairness.
Article 421. [ Exemption of application of the law] Art. 417, art. 417 1 and art. 417 2 shall not be applied if the liability for damage to the exercise of the public authority is governed by specific provisions.
Article 422. [ Overlay, aiding] It is not only the one who directly inflicted it, but also the one who, the other person to do the damage, has caused or was helpful to him, as well as the one who knowingly benefited from the damage done to the other.
Art. 423. [ Defense Necessary] He who acts in defence of the necessary, refusing direct and unlawful assassination for any good of his own or other person, he is not responsible for the damage caused to the attacker.
Art. 424. [ Higher state of necessity] Who destroyed or damaged a thing or killed or injured a miracle animal in order to divert from one another or from other dangers threatening directly from that thing or animal, this one is not responsible for the resulting damage, if The danger itself did not provoked, and the dangers could not be otherwise prevented and if the saved good is of course more important than the well-being violated.
Art. 425. [ Insanity] § 1. A person who, for any reason, is in a state of exclusive conscious or free expression of a decision and expression of will, shall not be responsible for the damage in that state of the damage caused.
§ 2. However, who has been disturbed by the use of intoxicating beverages or other similar means, this shall be obliged to repair the damage, unless the condition of disturbance has been triggered without his fault.
Art. 426. [ Liability of minors] A minor, who has not completed the thirteen years, shall not be liable for the damage caused.
Article 427. [ Responsibility for persons under supervision] Who by virtue of the Act or the Agreement is obliged to supervising a person whose due age or mental state or fleshly guilt cannot be read, it is obliged to remedy the damage caused by that person, unless he has done the right thing the obligation to supervising or that the damage would also have been created in the course of the supervision. This provision also applies to persons performing without a statutory obligation or contractual constant care for a person who, because of age or mental state or bodily fault, cannot be read.
Art. 428. [ Responsibility of a minor or unrest] When the offender due to age or mental or physical condition is not responsible for the damage, and there are no persons liable for supervision, or if the damage cannot be remedied, the victim may request total or partial damage. rectify the damage from the offender itself, if, in circumstances, and especially from the comparison of the property of the victim and the perpetrator, it is apparent that the principle of social coexistence so requires.
Art. 429. [ Responsibility for the persons entrusted with the performance of the task] He who entrusts the execution of the action to another shall be responsible for the damage caused by the perpetrator in the performance of the task entrusted to him, unless he is not guilty of the choice, or that the performance of the action has been entrusted to the person, undertaking, or a plant which, in the course of its professional activities, is concerned with the performance of such activities.
Article 430. [ Responsibility for the underlings] A person who, on his own account, is entrusted with the performance of a person who, in the performance of the task, is subject to his or her management and is obliged to follow his instructions, he shall be responsible for the damage caused by that person's fault in the performance of his/her duties. of the task entrusted to it.
Art. 431. [ Liability for Animals] § 1. He or she shall be obliged to make good the damage caused by him, whether under his supervision, or whether he has lost or escaped, unless he or he or the person under the responsibility of the animal is responsible for the damage caused by his or her own bear the blame.
§ 2. If the person who is hiding or uses the animal is not responsible in accordance with the provisions of the preceding paragraph, the injured person may request complete or partial compensation of the damage, if any, and in particular the the comparison of the assets of the injured person and of that person shows that they require this principle of social coexistence.
Art. 432. [ Right Of Detention] § 1. The holder of the land may take a miracle of the animal which is causing damage on the ground if the seizure is needed to secure a claim for remediation of the damage.
§ 2. In the seized animal, the holder of the land shall obtain a statutory right of pledge for the protection of the damage due to him and the costs of feeding and maintaining the animal.
§ 3. (repealed)
Article 433. [ Responsibility for throwing, spilling, falling object from the room] Any object in the room shall be responsible for the damage caused by the ejection, the exploitation or the falling of any object from the room, unless the damage occurred as a result of force majeure or solely from the fault of the injured person or person. third, for which the occupant is not responsible, and whose action could not have been prevented.
Art. 434. [ Responsibility for the collapse of the building] For the damage caused by the collapse of the structure or the detachment of its part, the owner of the structure shall be responsible, unless the collapse of the structure or the detachment of the structure did not result in or without the maintenance of the structures in due condition, nor with defects in construction.
Art. 435. [ Trader liability] § 1. A self-employed company or plant in traffic by nature forces (steam, gas, electricity, liquid fuels, etc.) is liable for damage to a person or property, caused by any movement of the undertaking. or an establishment, unless the damage occurred as a result of force majeure or solely for the fault of the injured person or a third party, for which he is not responsible.
§ 2. This provision shall apply mutatis mutandis to undertakings or plants producing explosives or using such means.
Art. 436. [ Liability of the vehicle holder] § 1. The liability provided for in the preceding article shall also be borne by the self-contained holder of a mechanical means of communication, which is addressed by means of the forces of nature. However, where the holder of the communication has given the means of communication in possession of a subsidiary, the dependent holder shall be liable.
§ 2. In the event of a collision of mechanical means of communication with the assistance of the natural forces, these persons may request compensation for compensation only on a general basis. Also, only in general terms, these persons are responsible for the damage caused to those carried out of the courtesy of the courtesy.
Art. 437. [ Prohibition of liability exclusion] It is not possible to exclude or limit the liability referred to in the two preceding articles.
Article 438. [ Sustained damage to other interests] Who, in order to reverse injury to the other, or to reverse the common danger, forcibly or even voluntarily has suffered damage to property, may demand compensation for losses incurred in relation to the persons who have received such damage. benefit.
Article 439. [ Immediate state of emergency] The person who, as a result of the conduct of another person, in particular as a result of the lack of sound supervision of the movement of the undertaking or establishment in which it is operated, or the condition of the building or other equipment which it has held, threatens the damage directly, may require that the person to take the measures necessary to reverse the threat of danger and, if necessary, to provide adequate security.
Article 440. [ Limitation of compensation] In the relationship between natural persons, the scope of the obligation to repair the damage may be limited in the light of circumstances where, in view of the assets of the victim or of a person responsible for damage, such a restriction of principle is required. social coexistence.
Art. 441. [ Liability of solidarity for the damage] § 1. If several persons are liable for the damage caused by an unauthorised act, their responsibility shall be in solidarity.
(2) If the damage was the result of an act or omission of several persons, the person who has fixed the damage may require the other reimbursement of the relevant part, depending on the circumstances, in particular the fault of the person concerned and the extent to which it has contributed to the recovery of the person concerned. of the injury.
§ 3. The one who has repaired the damage for which he is responsible, despite the lack of fault, shall have a repayable claim to the perpetrator, if the damage was caused by the perpetrator's fault.
Article 442 1 . [ Redress of damages claims] § 1. A claim for compensation for damage caused by an unauthorised act shall lapse within the period of three years from the date on which the injured person became aware of the damage and of the person who is required to make good the damage. However, that time limit shall not be more than ten years from the date on which the event causing the damage occurred.
§ 2. If the damage resulted from a crime or a performance, the claim to repair the damage is statute-barred with the expiry of the twenty years from the date of the commission of the offence, regardless of when the victim found out about the injury and the person obliged to do so fix.
§ 3. In the event of damage to a person, the statute of limitations shall not end earlier than the expiry of the period of three years from the date on which the injured person became aware of the injury and of the person who is required to make good the damage.
§ 4. The limitation of the claims of a minor to a person's personal injury shall not end earlier than the expiry of the period of two years from the date of his/her being of a minor age.
Article 443. [ The procedure of tort and contract liability] The fact that an act or omission from which the damage resulted was non-performance or improper performance of an existing undertaking, does not exclude a claim for compensation for an act which is not allowed, unless it is not the pre-existing obligations stems from another.
Art. 444. [ Damage to the body, induction of a health care system] § 1. In case of damage to the body or the call to the health care system, the damage will be caused by any costs incurred. At the request of the aggrieved party, the damage must be borne out by the sum needed for the costs of the treatment, and if the victim became an invalid, also the sum needed for the costs of preparation for another profession.
§ 2. If the victim has lost all or part of his/her capacity to work or if his needs have increased or have reduced the prospects of success for the future, he/she may require the person liable to remedy the damage to the relevant pension.
§ 3. If, at the time of the judgment, the damage cannot be determined precisely, the injured person may be granted a provisional pension.
Art. 445. [ Cash redress] § 1. In the cases provided for in the preceding article, the court may grant the injured party an appropriate sum to the title of redress of money for the injury suffered.
§ 2. This provision shall also apply in the event of deprivation of liberty, and in the event of inducement by means of deceit, rape or abuse of the relationship of dependence to be subject to an unlawfully deed.
§ 3. A claim for redress shall go to the heirs only if it has been found in writing or when the action has been brought to life for the victim's life.
Art. 446. [ Death Toll] § 1. If, as a result of a personal injury or an invocation of a health solution, an injured person has died, the damage must be paid to the costs of the treatment and the burial of the person who suffered it.
§ 2. The person in respect of whom he has been subject to the deceased statutory maintenance obligation may require that the person liable to remedy the damage calculated according to the needs of the victim and to the economic and property rights of the deceased by the time of the probable duration of the maintenance obligation. The same pension may be requested by other persons close to whom they have died voluntarily and continuously provided means of subsistence, where the circumstances indicate that they require the principle of social coexistence.
§ 3. In addition, the court may grant to the nearest family members of the deceased the appropriate compensation if, as a result of his death, there has been a significant deterioration in their life situation.
§ 4. The court may also grant to the nearest family members of the deceased a reasonable amount of money redress for the amount of the injury suffered.
Article 446 1 . [ Prenatal Claims] At birth, the child may request compensation for damage suffered prior to birth. [ 3]
Art. 447. [ Disposable compensation instead of annuity] For important reasons, the court may, at the request of the aggrieved party, grant him, instead of annuity or her part, the compensation of one This applies, in particular, to the accident when the injured person has become an invalid, and the granting of a one-off compensation will facilitate the exercise of the new profession.
Art. 448. [ Breach of Personal Good] In the event of a breach of a personal good, the court may grant to that person whose personal good has been infringed, the corresponding sum of the degree of redress for the injured or at his/her request the corresponding amount of money to be indicated by the court or tribunal of the General Court. the social objective, irrespective of any other means needed to remove the effects of the infringement. Article Recipe 445 § 3 shall apply.
Article 449. [ Claims indisparity] Claims provided for in Article 444-448 may not be disposed unless they are already due and have been recognised in writing or have been granted a final judgment.
TITLE VI 1
Liability for damage caused by a dangerous product
Article 449 1 . [ Hazardous product] § 1. Who produces in the field of his/her business (manufacturer) a dangerous product, is responsible for the damage caused to anyone by this product.
§ 2. By a product it is understood to be a moving thing, even though it is connected with another thing. Animals and electricity are also considered to be the product.
§ 3. A non-security-providing product that can be expected is dangerous, taking into account the normal use of the product. Whether the product is safe, the circumstances shall be determined by the moment when it is placed on the market and, in particular, the manner in which it is presented on the market and the information given to the consumer on the characteristics of the product. The product cannot be considered to be unsafe only because a similar product was subsequently placed on the market.
Article 449 2 . [ Considerations of manufacturer's liability] The manufacturer shall be liable for damage to his property only if the damage damaged or damaged is normally intended for personal use, and in such a way that the victim was used in such a way as to make use of the victim.
Article 449 3 . [ Exclusion of Product Liability] § 1. The manufacturer shall not be liable for damage caused by a dangerous product if the product has not been placed on the market or when the placing on the market of the product has taken place outside the scope of its business activity.
§ 2. The manufacturer shall also not be liable if the dangerous properties of the product have become apparent after the product has been placed on the market, unless they are due to the underlying cause previously in the product. It shall also not be responsible where dangerous product properties could not be envisaged, taking into account the state of science and technology at the time of placing the product on the market, or where these characteristics were due to the application of the provisions of law.
Article 449 4 . [ Presumption of manufacture and placing on the market of a manufacturer's activities] The dangerous product which caused the damage shall be presumed to have been manufactured and marketed in the field of economic activity of the manufacturer.
Article 449 5 . [ Substitute liability] § 1. The manufacturer of the material, the raw material or the constituent part of the product shall be the same as the manufacturer, unless the sole cause of the injury was the defective design of the product or the manufacturer's instructions.
(2) The proprietor of a trade mark or other distinguishing sign shall be referred to as the producer by the placing on the product of his name, mark or other distinguishing mark. This is the same as whoever the product of foreign origin is placed on the domestic market in terms of its business activity (importer).
§ 3. The manufacturer and the persons referred to in the preceding paragraphs shall be jointly and severally liable.
§ 4. If it is not known who is the producer or the person referred to in § 2, he/she shall be responsible for those who, in respect of their business activities, have made a dangerous product, unless, within one month from the date of notification of the damage, he indicates the person affected and the address the manufacturer or the person referred to in the first sentence of paragraph 2, and, in the case of imported goods, the person and address of the importer.
§ 5. Where the vendor or persons referred to in paragraph 4 cannot be indicated by the vendor, he shall exempt him from the responsibility of the person from whom the product concerned himself has acquired.
Article 449 6 . [ Joint responsibility with a third party] If the third party is responsible for the damage caused by the dangerous product, the liability of that person and of the persons referred to in the preceding Articles shall be jointly and severally liable. The provisions of Article 4 441 (2) and (3) shall apply mutatis mutandis.
Article 449 7 . [ Compensation range] § 1. Compensation for damage to the property shall not include damage to the product itself or the benefits that the victim could achieve in connection with the use of the product.
§ 2. Compensation under art. 449 1 shall not be entitled where the damage to the property does not exceed an amount equivalent to EUR 500.
Article 449 8 . [ Claims redress] A claim to make good the damage caused by a dangerous product shall lapse within the period of three years from the date on which the victim became aware, or with due diligence, to find out about the injury and to the person required to do so. to fix it. In any event, however, the claim expires at the end of the period of ten years after the product has been placed on the market.
Article 449 9 . [ Nature of provisions] Liability for damage caused by a dangerous product shall not be excluded or limited.
Article 449 10 . [ Relation to other provisions] The liability for damage caused by a dangerous product does not exclude liability for damages on general terms, for damages resulting from the failure to perform or improper performance of the obligation and liability for the damage caused by the warranty for defects and quality assurance.
TITLE VII
Implementation of commitments and consequences of their failure to comply
SECTION I
Performance of commitments
Article 450. [ Acceptance of a partial benefit] The creditor shall not refuse to accept a partial benefit, even if the entire claim was already due, unless the acceptance of such a benefit violates his legitimate interest.
Article 451. [ Advance of the benefit] § 1. A debtor with respect to the same creditor of several debts of the same type may, when the benefit is met, indicate which debt he wishes to satisfy. However, what falls on the debt in question, the creditor can, above all, count on the debt associated with the debt and on the outstanding main benefits.
§ 2. If the debtor has not indicated which of several debts he wishes to satisfy, and has accepted a receipt in which the creditor has counted the benefit received against one of those debts, the debtor may no longer claim the credit for another debt.
§ 3. In the absence of a declaration by the debtor or creditor, the benefit shall be counted primarily on the debt due and, if there are several debt-due debts, to the least-due.
Article 452. [ Provision to the hands of the unauthorised] If the benefit has been fulfilled at the hands of the person who is not entitled to it, and the acceptance of the benefit has not been confirmed by the creditor, the debtor shall be released to the extent that the creditor has benefited from the benefit. This provision shall apply mutatis mutandis in the event that the benefit has been fulfilled at the hands of the creditor who was unable to accept it.
Article 453. [ Termination of the undertaking] If the debtor for the purposes of waiving the obligation meets with the agreement of the creditor another benefit, the obligation shall lapse. However, when the subject of the benefit is defects, the debtor shall be obliged to do so in accordance with the provisions on the sale.
Article 454. [ Place of satisfaction] § 1. Where the place of fulfillment is not marked or is not due to the property of the undertaking, the benefit should be met at the place where, at the time of the undertaking, the debtor was resident or established. However, the cash benefit should be met at the place of residence or at the creditor's seat at the time of the supply; if the creditor has changed his place of residence or established after the undertaking has been committed, he/she shall bear the result of the payment by the the change in excess of the costs of transmission
§ 2. If the obligation is related to a debtor's undertaking or creditor, the place where the benefit is met shall be settled by the company's registered office.
Article 454 1 . [ Place of satisfaction] Where the trader is obliged to send the consumer to the designated place, that place shall be deemed to be the place of fulfilment of the benefit. The opposite claim is invalid.
Art. 455. [ Maturity of the benefit] If the time limit for the performance of the benefit is not marked or is not due to the property of the undertaking, the benefit should be met as soon as the debtor has been called upon to perform.
Article 456. [ Partial benefit] If the parties have stipulated in the agreement that the fulfilment of the benefit will be the parts within a specified period of time, but have not determined the size of the individual partial benefits or the time limits within which each of these benefits is to be met, the creditor may, by means of a declaration, submit to the debtor in due time both the size of the individual benefits and the time limit for each of them, but should take account of the possibility of the debtor and the way in which it is fulfilled. benefits.
Article 457. [ Presumption of a reservation of the term in favour of the debtor] The date of completion of the benefit, as indicated by the legal act, shall be made in the event of doubt as reserved for the benefit of the debtor.
Article 458. [ Immediate requirement of benefit] If the debtor has become insolvent or if, as a result of circumstances under the responsibility of the debtor, the security of the claim has been substantially reduced, the creditor may demand that the benefit be met, regardless of the reserved term.
Article 459. [ Inventory] § 1. The obligation to issue a set of goods or assets or to provide a message of a set of goods or of a material mass shall present to the creditor an inventory of the items belonging to a file or an inventory of items falling within the assets.
(2) If there is a reasonable presuming that the inventory presented is not fair or accurate, the creditor may require that the debtor submit to the court that he has drawn up an inventory according to his best knowledge.
Article 460. [ Account from the Management Board] § 1. A statement of revenue and expenditure shall be provided by the creditor in writing to the creditor in writing to the creditor in writing and shall provide the creditor with the necessary evidence.
(2) If there is reasonable presuming that the statement of revenue presented is not fair or accurate, the creditor may require that the debtor be provided with the assurance before the court that he has drawn up a statement according to his best knowledge.
Art. 461. [ Right Of Detention] § 1. The obligation to issue someone else's property may stop it until it is satisfied or has secured its claims for reimbursement of expenses for the benefit of, and claims for, damages for the cause of the damage (the right of detention).
§ 2. The above provision does not apply when the obligation to issue items results from an act which is not permitted or when it comes to the return of leased, leased or used goods.
§ 3. (repealed)
Article 462. [ Receiving] § 1. The debtor, in compliance with the benefit, may require the creditor of the receipt of the receipt.
§ 2. The debtor may request a receipt in a particular form, if he has an interest in this.
§ 3. The costs of the receipt shall be borne by the debtor, unless otherwise agreed.
Art. 463. [ Receipt of Receipt] If the creditor refuses receipt, the debtor may refrain from fulfilling the benefit or lodge the subject of the benefit to the court's deposit.
Art. 464. [ Provision to the hands of the person showing the receipt] The provision to the hands of a person who proves the receipt issued by the creditor shall release the debtor unless it is reserved that the benefit is to take place at the hands of his own creditor, or unless the debtor has acted in bad faith.
Art. 465. [ Reimbursement of Commitment Document] § 1. If there is a document stating the obligation, the debtor shall be able to request the reimbursement of the document by meeting the benefit. However, when a creditor has an interest in preserving the document, in particular where the benefit has been met only partially, the debtor may demand that the document be made appropriate.
§ 2. In the event of loss of the document, the debtor may, regardless of receipt, demand from the creditor the statement in writing that the document has been lost.
§ 3. If the creditor refuses to return the document or make it appropriate for him to mention or make a written declaration of the loss of the document, the debtor may refrain from fulfilling the benefit or to submit his object to the court's deposit.
Art. 466. [ Presumption of payment of collateral by collateral] The receipt of the payment of the debt to the debtor amounts to the presumption of payment of collateral by collateral. The receipt of the interim benefit shows the presumption that the periodic benefits required previously were also met.
Article 467. [ Submission to a court deposit] In addition to the accidents provided for in other provisions, the debtor may lodge the subject of the benefit to the court:
1) if, owing to circumstances, for which he is not responsible, he does not know who the creditor is, or does not know the place of residence or seat of the creditor;
2) if the creditor does not have full legal capacity or a representative authorized to accept the benefit;
3) if the dispute arose, who is the creditor;
4) if, due to other circumstances concerning the person of the creditor, the benefit cannot be fulfilled.
Art. 468. [ Notice of deposit to deposit] § 1. The debtor should immediately notify the creditor of the deposit of the subject of the benefit to the court, unless the notice is difficult to overcome the obstacle. The notification shall be made in writing.
§ 2. In the event of failure to comply with this obligation, the debtor shall be liable for the resulting injury.
Art. 469. [ Receipt of the item from the deposit] § 1. As long as the creditor has not requested the issue of the object of the benefit from the court deposit, the debtor may have received the subject matter.
§ 2. If the debtor receives the subject of the benefit from the court deposit, the deposit of the deposit is considered to be non-former.
Article 470. [ Effects of the deposit to the deposit] A valid lodging for a court deposit has the same effect as the fulfilment of the benefit and obliges the creditor to reimburse the debtor the costs of deposit.
SECTION II
Consequences of default
Article 471. [ Liability for non-execution or non-execution of an undertaking] The debtor shall be obliged to remedy the damage resulting from the non-execution or the non-execution of the obligation, unless the non-execution or improper performance is a consequence of the circumstances for which the debtor is not responsible.
Article 472. [ The diligence of due diligence] If nothing else is apparent from the specific provision of the Act or the legal action, the debtor is responsible for the disconduct of due diligence.
Article 473. [ Contractual extension of liability] § 1. The debtor may accept responsibility for failure by the contract for failure to perform or for the unspecified execution of the obligation on account of the identified circumstances for which under the liability law he is not responsible.
§ 2. It does not matter that the debtor will not be liable for the damage which he or she may have done to the creditor intentionally.
Article 474. [ Liability for other persons] The debtor shall be responsible for his own act or omission for the acts and omissions of the persons with whom the obligation is to be made, as well as the persons to whom the obligation to entrust the undertaking. This provision shall also apply in the event that the obligation is made by a statutory representative of the debtor.
Article 475. [ Consequent Impossibility Of Benefit] § 1. If the benefit has become impossible due to the circumstances for which the debtor is not liable, the liability shall expire.
§ 2. If the benefit of the benefit is disposed of, lost or damaged, the debtor shall be obliged to issue all he has obtained in exchange for the benefit or as a remedy.
Article 476. [ Debtor Shell] The debtor shall be allowed to have a delay when he does not meet the benefit within the time limit, and if the time limit is not marked when he does not meet the benefit immediately after the creditor has been called upon. This is not the case where the delay in the fulfilment of the benefit is a consequence of the circumstances for which the debtor is not responsible.
Article 477. [ Successor of debtor's delay] § 1. In the event of a debtor's delay, the creditor may request, irrespective of the performance of the undertaking, the compensation of the damage resulting from the delay.
§ 2. However, when the debtor has lost the benefit of the debtor as a result of the delay in full or to the most significant part of the debtor, the creditor may not accept and demand compensation for the damage resulting from the default.
Article 478. [ Loss or damage to the object of the benefit] If the object of the benefit is marked as to identity, the debtor responsible is responsible for the loss of, or damage to, the object of the benefit, unless the loss or damage would also have occurred if the benefit had been met in due time.
Article 479. [ Acquisition of items at the expense of the debtor] If the object of the benefit is determined by the number of items marked only in respect of the species, the creditor may, in the event of delay of the debtor, acquire the same quantity of goods of the same species at the expense of the debtor or require the debtor to pay the value of the debtor, while retaining the In both cases, the claim to repair the damage resulting from the corpse.
Article 480. [ Replacements] § 1. In the event of the debtor's delay in the execution of the obligation to do, the creditor may, while maintaining the claim for compensation of damage, demand the authorization by the court to perform the action at the expense of the debtor.
§ 2. If the benefit is the omission, the creditor may, by keeping the claim for compensation of damage, demand the entitlement by the court to remove at the expense of the debtor all that the debtor against the obligation has made.
§ 3. In emergencies, the creditor may, by retaining a claim for compensation, execute without the authority of the court the action at the expense of the debtor or remove at his expense what the debtor has done against the obligation.
Article 481. [ Interest for delay] § 1. If the debtor is delayed with the fulfilment of the cash benefit, the creditor may demand interest for the duration of the delay, even if the debtor has not suffered any damage, and even though the delay has been the consequence of the circumstances for which the debtor is not responsible.
§ 2. If the interest rate for the delay has not been marked, then the statutory interest for the delay of an amount equal to the sum of the reference rate of the National Bank of Poland and 5,5 percentage points shall be included. However, where the claim is remunerated at a higher rate, the creditor may demand interest for the delay in accordance with that higher rate.
§ 2 1 The maximum amount of interest for the delay may not exceed twice the amount of statutory interest for the delay (maximum interest for late payment).
§ 2 2 . If the rate of interest for the delay exceeds the maximum interest for the delay, the maximum interest shall be the delay.
§ 2 3 The contractual provisions shall not exempt or restrict the provisions on the maximum interest for delay, including in the case of a choice of foreign law. In such a case the provisions of the Act shall apply.
§ 2 4 . The Minister of Justice announces, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski", the amount of statutory interest for the delay.
§ 3. In the event of a debtor's delay, the creditor may have to request compensation for damages on a general basis.
Article 482. [ Prohibition of anatocyzism] § 1. Interest may be requested from late interest rates for late payment only from the time when the claim is made, unless the parties have agreed to an amount of outstanding interest after the arrears have been incurred.
§ 2. The provision of the preceding paragraph does not apply to long-term loans granted by credit institutions.
Article 483. [ Contractual penalty] § 1. You may stipulate in the contract that the damages resulting from the non-execution or non-execution of a non-monetary obligation will be effected by the payment of a specified amount (a contractual penalty).
§ 2. The debtor may not without the consent of the creditor relieve himself of the obligation by payment of the contractual penalty.
Article 484. [ Amount of the penalty] § 1. In the event of default or non-performance of the obligation, a contractual penalty shall be payable to the creditor in respect of that amount, regardless of the amount of the damage suffered. The claim for damages transferring the amount of the reserved penalty shall not be admissible unless otherwise decided by the parties.
§ 2. If the undertaking is in large part executed, the debtor may demand a reduction of the contractual penalty; the same applies to the accident, when the contractual penalty is grossly exorbitant.
Article 485. [ The application of the provisions on contractual penalty] Where a special provision provides that, in the event of default or non-performance of a non-monetary obligation, the debtor, even without a contractual reservation, is obliged to pay a certain amount to the creditor, the provisions of the penalty shall be applied accordingly. contract.
Article 486. [ Creditor Delay] § 1. In the event of delay, the creditor of the debtor may request compensation of the resulting damage; he may also submit the subject of the benefit to the court deposit.
§ 2. The creditor shall be allowed a delay when, without any reasonable cause, or is being waived from the acceptance of the benefit, or refuses to do so, without which the benefit cannot be fulfilled, or declares to the debtor that the benefits are not will accept.
SECTION III
Implementation and consequences of non-execution of obligations under mutual agreements
Art. 487. [ reciprocal agreements] § 1. The implementation and consequences of the default of agreements shall be subject to the provisions of the Chapters preceding this Title, unless otherwise provided for in the provisions of the Chapter.
§ 2. The agreement shall be reciprocal when both parties undertake in such a way that the provision of one of them is to be equivalent to the provision of another.
Art. 488. [ Simultaneous fulfilment of mutual benefits] § 1. The benefits which are the subject of a mutual agreement (mutual benefit) should be met at the same time, unless it is apparent from the contract, the law or the decision of the court or decision of another competent authority that one of the parties is required to prior benefit.
§ 2. If the mutual benefit should be met at the same time, each party may refrain from fulfilling the benefit until the other party has been offered the benefit of the reciprocal benefit.
Art. 490. [ Refraining from fulfilling the benefit] § 1. If one of the parties is required to fulfil the mutual benefit earlier, and the fulfilment of the provision by the other party is doubtful due to its assets, the party obliged to provide the previous benefit may refrain from his as long as the other party does not offer the benefit of mutual benefit or does not provide collateral.
§ 2. The above powers shall not be entitled to a party which, at the time of the conclusion of the contract, was aware of the bad condition of the other party.
§ 3. (repealed)
Art. 491. [ Shell of one of the pages] § 1. If one of the parties is permitted to comply with the obligation of the mutual agreement, the other party may set an additional period of time for execution with the risk that, in the event of an unsuccessfully expiry of the period laid down, he/she shall be entitled to withdrawal from the contract. It may also be required to require the execution of an obligation and to remedy the damage resulting from the delay after the expiry of the additional time limit or, after the additional period of the additional period.
(2) If both parties are divided and one of the parties is authorised only in respect of part of the benefit, the right to withdraw from the contract on the other party shall be limited, at the choice of the other party, either to that part or to the whole of the the rest of the unfulfilled benefit. It may also derogate from the agreement in its entirety if the partial execution would not be relevant to it by virtue of the nature of the undertaking, or because of the purpose of the contract, the message of the party to which it is in the body.
Article 492. [ Right Of Withdrawal] If the right to withdraw from the mutual agreement has been reserved in the event of default within the time limit specified, the entitled party may, in the event of delay of the other party, derogate from the contract without the appointment of an additional deadline. The same applies to an accident where the execution of an undertaking by one of the parties after a period of time would not, on the other hand, either have a bearing on the property of the undertaking, or because of the purpose of the contract, the message of the party to which it is in the body.
Article 492 1 . [ Withdrawal of the contract without appointment of an additional date] If the party that is required to fulfil the benefit declares that the benefit is not fulfilled, the other party may withdraw from the contract without the appointment of the additional deadline, including before the date when the allowance is met.
Article 493. [ Possibility of one of the mutual benefits] § 1. If one of the mutual benefits has become impossible as a result of circumstances under the responsibility of the party responsible, the other party may, in its choice, either request compensation for the damage resulting from the default or the contract. to depart.
§ 2. In the event of a partial impossibility of providing one of the parties, the other party may withdraw from the contract if the partial execution would not have significant effect on the part of the contract, either because of the nature of the undertaking, or because of the purpose of the contract intended by that party, a page message that has been partially impossible to provide.
Article 494. [ Withdrawal from contract] § 1. A party that departs from the mutual agreement shall be obliged to return to the other party everything that has been received from it under the agreement, and the other party is obliged to accept it. A party which departs from the contract may request not only the reimbursement of what it has provided, but also on the general grounds of compensation for the damage resulting from the default.
§ 2. The return of the benefit to the consumer should be effected without delay.
Art. 495. [ Unfolded Impossibility] § 1. If one of the mutual benefits has become impossible as a result of circumstances for which no party is liable, the party who has the benefit of the benefit shall not be required to provide a mutual benefit, and in the event that it has already received it, shall be required to be recovered according to the provisions on unjust enrichment.
§ 2. If the provision of one of the parties has become impossible only partially, the party loses the right to an appropriate part of the mutual benefit. However, the other party may withdraw from the contract if the partial execution would not have significant effect on the part of the contract, either because of the nature of the undertaking or, in view of the purpose of the contract intended by that party, of the party to whom it has become Partially impossible.
Article 496. [ Right Of Detention] If, as a result of the withdrawal of the contract, the parties are to reimburse each other, each of them shall be entitled to a detention order until the other party has offered the reimbursement of the benefit received or has not secured the claim for reimbursement.
Article 497. [ Application of the provision on retention] The provision of the preceding article shall apply mutatis mutandis in the event of termination or invalidity of the mutual agreement.
TITLE VIII
Deductions, renewal, debt relief
Art. 498. [ Deductibility] § 1. Where two persons are both debtors and creditors, each of them may deduct their claim from the other party's claims where the two claims are the subject of money or of the same quality which are marked only by the same to the species, and both receivables are due and may be brought before a court or before another state authority.
§ 2. The effect of the deduction of both claims shall be deceased to the amount of the lower claim.
Art. 499. [ Manner Of Deduction] Deductions shall be made by a declaration made on the other party. The statement shall have retroactive effect from the time when the offsetting became possible.
Article 500. [ Different Places Of Benefit] Where the subject of a deduction is a claim where the place of benefit is different, the party benefiting from the deductibility of the levy shall be obliged to pay the other party the sum needed to cover the resulting injury.
Article 501. [ Deferral of execution of the undertaking] The deferral of the execution of the obligation given by the court or free of charge by the creditor shall not exclude the deduction.
Article 502. [ Deduction of expired receivables] The statute of limitations may be deducted if the statute of limitations has not yet taken place at the time when the offsetting has become possible.
Article 503. [ Application of the provisions on payment of payment] The provisions on payment of payment shall apply mutatis mutandis to the deduction.
Article 504. [ Deduction of claimed receivables] The claim by a third party shall exclude the write-off of that claim by offsetting only if the debtor has become the creditor of his creditor only after the seizure of the claim or when his claim has become due after that time, And at that time, rather than the claim occupied.
Article 505. [ Off Deduction] Shall not be waived by offsetting:
(1) non-seizing claims;
2. claims for the provision of means of subsistor
3) receivables arising from unauthorised acts;
(4) claims on which the deduction is excluded by special provisions.
Article 506. [ Renewal] § 1. If, for the purpose of redemption of the obligation, the debtor undertakes with the consent of the creditor to fulfil another benefit or even the same benefit, but from a different legal basis, the obligation to date shall be extinguished (renewal).
§ 2. In case of doubt, the amendment of the existing commitment does not constitute a renewal. This applies in particular to an accident where the creditor receives a promissory or cheque from the debtor.
Article 507. [ Renewal security] If the claim was secured by a surety or by a limited legal right established by a third party, the guarantee or limited right in rem shall terminate at the time of renewal, unless the guarantor or third party consented to the further Security.
Article 508. [ Exemption from debt] The obligation shall lapse when the creditor exempts the debtor from the debt and the debtor assumes the exemption.
TITLE IX
Change of creditor or debtor
SECTION I
Change creditor
Article 509. [ Transfer] § 1. The creditor may, without the consent of the debtor, transfer the claim to a third party (transfer), unless it objected to the law, the contractual reservation or the property of the undertaking.
§ 2. Together with the claim, they are transferred to the purchaser with all the rights attached to it, in particular the claim for outstanding interest.
Article 510. [ Consensuality and cautility of the debt transfer agreement] § 1. A contract of sale, conversion, donation or other agreement obliging the transfer of a claim shall transfer the claim to the purchaser, unless the specific provision provides otherwise, or that the parties have decided otherwise.
§ 2. If the conclusion of the transfer agreement occurs in the execution of the obligation arising from the previously concluded agreement obliging to transfer the receivables, from the ordinary record, from unjust enrichment or from another event, the validity of the transfer agreement depends on the existence of that obligation.
Article 511. [ Form of transfer] If the claim is written by letter, the transfer of that claim should also be recorded.
Article 512. [ Payment to the hands of the transferor of receivables] As long as the seller has not notified the debtor about the transfer, the fulfilment of the benefit at the hands of the previous creditor has a effect on the buyer, unless he knew about the transfer at the time of the performance of the debtor's performance. This provision shall apply mutatis mutandis to other legal acts carried out between the debtor and the previous creditor.
Article 513. [ Allegations of Debtor] § 1. The debtor shall be entitled to claim any charges against the purchaser against the seller at the time of the transfer of the transfer.
§ 2. The debtor may deduct from the transferred claim the claim which is owed to him in respect of the seller, even if the claim is due only after the debtor has received the transfer notification. This is not the case, however, where the transferability of the transferor has become due later than the claim which is the subject of the transfer.
Article 514. [ Disclaimer of debtor's consent] If the claim is written by letter, the contractual reservation that the transfer may not take place without the consent of the debtor shall be effective against the purchaser only if the letter contains a mention of that reservation, unless the purchaser is at the time of transfer of the claim The claim was known.
Article 515. [ Allegations of Divestment] If the debtor who has received a written notification from the seller has fulfilled the benefit to the purchaser of the claim, the transferor may invoke the debtor's credit transfer or on the charges arising from his legal basis. only if, at the time of the performance, they were known to the obligor. This provision shall apply mutatis mutandis to other legal acts made between the debtor and the purchaser of the claim.
Article 516. [ Transferable Liability] The transferor of the receivables shall be liable to the purchaser for the claim that the claim is due. The liability of the debtor at the time of the transfer shall be liable only to the extent that that liability has been accepted by the debtor.
Art. 517. [ Off Transfer] § 1. The transfer provisions shall not apply to claims relating to a bearer document or to a document disposed of by indos.
§ 2. Transfer of receivables from the document to the bearer shall take place by transferring the ownership of the document. You need a release to transfer the ownership of a document.
Article 518. [ Acquisition of receivables] § 1. The third party who repays the creditor shall purchase the repaid claim up to the amount of the payment made:
(1) if he/she pays any other debt for which he or she is responsible in person or in certain property items;
(2) if it is entitled to the right before which the claim is repaid, shall have priority;
3) if acting with the consent of the debtor in order to enter into the rights of the creditor; the consent of the debtor should be subject to the invalidity expressed in writing;
4. where they provide for specific provisions.
§ 2. In the cases referred to above, the creditor shall not refuse to accept a benefit which is already due.
§ 3. If the creditor has been repaid by a third party only in part, he shall be entitled to the remaining part of the priority of the satisfaction of the claim, which has been passed on to a third party by the partial payment.
SECTION II
Change of the debtor
Article 519. [ Acquisition of debt] § 1. A third party may enter the place of the debtor, who is discharged from the debt (taking over the debt).
§ 2. The notion of debt may take place:
1) by the contract between the creditor and the third party with the consent of the debtor; the debtor's statement may be submitted to any of the parties;
2) by the contract between the debtor and the third party with the consent of the creditor; the declaration of the creditor may be made by any of the parties; it is ineffective if the creditor did not know that the person acquiring the debt is insolvent.
Article 520. [ Consent term] Any party that has entered into an agreement to seize a debt may appoint a person whose consent is needed for the effectiveness of the acquisition, an appropriate time limit for consent; the ineffective passage of the deadline shall be unambiguous with the refusal to accept consent.
Art. 521. [ Refused consent] § 1. If the effectiveness of the debt takeover agreement depends on the consent of the debtor and the debtor's consent has refused, the contract is deemed not to have been concluded.
§ 2. If the effectiveness of the debt acquisition agreement depends on the consent of the creditor, and the creditor of the consent refused, the party which, according to the agreement was to take over the debt, is responsible to the debtor for the fact that the creditor will not demand it from him benefits.
Art. 522. [ Form of debt takeover agreement] The agreement to take over the debt should be under the void concluded in writing. The same applies to the creditor's consent to take over the debt.
Art. 523. [ Presumption of debt takeover] If, in the transfer contract, the buyer has committed to relieve the seller from the debt-related assets, it is in doubt that the parties have entered into an agreement to take over these debts by the purchaser.
Art. 524. [ Allegations of Acquiring Debt] § 1. The transferee shall be entitled to any pleas in law against the creditor, except in the case of a claim for a deduction from the debt owed to the debtor.
(2) Article 2 (2) (c) of the Treaty on the European Community (2), on the basis of Article 2 (2) of the Treaty on the European Union, on the basis of Article 2 (2) of the Treaty on European Union, on the basis of Article 2 of the Treaty on the the creditor of whom he knew.
Article 525. [ Security Expiration] Where the claim is secured by a guarantee or by a limited legal right established by a third party, the guarantee or limited right in rem shall cease when the debt is taken over, unless the guarantor or the third party agrees to the the continued duration of the security.
TITLE X
Protection of the creditor in the event of insolvency of the debtor
Article 527. [ Creditor protection] § 1. Where a third party has obtained an asset benefit as a result of the legal act of a debtor with the victim's netting, each of the creditors may request that the action be regarded as being ineffective in relation to it if the debtor has acted in knowledge of the property. victims of creditors, and the third party knew about it or with due diligence was able to find out.
§ 2. The legal action of the debtor shall be carried out with the netting of creditors if, as a result of that act, the debtor has become insolvent or has become insolvent at a higher degree than he was before the action was carried out.
§ 3. If, owing to the legal act of the debtor, the creditor has obtained an advantage from the debtor, the person concerned shall be presumed to have been aware that the debtor has acted with the knowledge of the creditors.
§ 4. If, as a result of a debtor's legal act with a creditor, a trader who has been in constant economic relations with a debtor has been obtained, he/she shall be presumed to have been aware that the debtor has acted in the knowledge of the debtor in the event of a debtor's hives of creditors.
Article 528. [ Uneffectiveness of unpaid activity] If, owing to a legal act carried out by a debtor with the hives of creditors, a third party has obtained an economic advantage free of charge, the creditor may demand that the task be considered as an ineffective, such as that the person does not know and even at the same time as due diligence could not find that the debtor was acting with the awareness of the hives of creditors.
Article 529. [ Presumption of awareness of hives of creditors] If, at the time of the donation, the debtor was insolvent, it is presumed to have acted with the awareness of the victims of creditors. The same applies to an accident where the debtor has become insolvent as a result of the donation.
Article 530. [ Protection of future creditors] The provisions of the preceding Articles shall apply mutatis mutandis where the debtor has acted in the intention of netting future creditors. If, however, a third party has obtained an economic advantage for payment, the creditor may only demand that the task be considered to be unenforcable only if the third party has known about the debtor's intention.
Art. 531. [ Challenge mode] § 1. Recognition as an ineffective legal action by a debtor in the case of creditors of creditors shall take place by means of an action or a plea against a third party who, as a result of that exercise, has obtained an advantage in property.
§ 2. Where a third party has received an advantage, the creditor can directly apply against the person to whom the Regulation has taken place if that person was aware of the circumstances justifying recognition of the debtor's duties. unreliable, or if the regulation was free of charge.
Article 532. [ Creditor authority] The creditor in respect of whom the debtor's legal act was deemed to be ineffective may, with the priority before the creditors of a third party, claim property from the assets which, as a result of an act considered to have been ineffective, have left the The assets of the debtor or the debtor's assets were not entered.
Article 533. [ Exempt third party from liability] A third party who has obtained an asset benefit as a result of a debtor's legal act with a creditor, may waive the claim of the creditor requesting that the task be considered to be an ineffective action if the person concerned is satisfied that he/she is satisfied with the claim. the creditor or will indicate to him sufficient to satisfy the debtor's property.
Art. 534. [ Challenge date] The recognition of a legal act carried out with the victims of creditors as unenforcing cannot be demanded after the expiry of five years from the date of that act.
TITLE XI
Sales
SECTION I
General provisions
Article 535. [ Sales Agreement] By the sales contract the seller undertakes to transfer the property to the buyer and issue the item to him, and the buyer commits to pick up and pay the seller the price.
§ 2. (repealed)
Art. 536. [ Pricing] § 1. The price may be determined by an indication of the grounds for its determination.
(2) If, on the basis of the circumstances, the parties have been given the price accepted in the relations of the type concerned, they shall, in case of doubt, be of the price at the place and time in which the purchaser is to be issued.
Art. 537. [ Rigid price] § 1. If, at the place and time of conclusion of the contract of sale, the order is in force, according to which for a given type or species only the price strictly defined (rigid price) can be paid, that price binds the parties regardless of what price in the contract fixed.
§ 2. The seller, who has received a price higher than the rigid price, is obliged to return the buyer to the collected difference.
§ 3. A buyer who, according to the contract, was to pay a price lower than the rigid price and used or sold off at a price calculated on the basis of an agreed price, is obliged to pay a stiff price only if he knew the price before using or selling off the goods would be rigid or may have known it while exercising due diligence. The buyer who did not use or sell the goods may withdraw from the contract.
Article 538. [ Maximum Price] If, at the place and time of conclusion of the contract of sale, there is an order to the effect that the price higher than the price determined (maximum price) cannot be paid for the type or species in question, the purchaser is not required to pay the higher price, and the seller who has received the higher price is obliged to return the difference to the purchaser.
Article 539. [ Minimum price] If, at the place and time of the conclusion of the contract of sale, there is an order to the effect that the price less than the specified price (minimum price) cannot be paid for the type or species concerned, the seller shall be entitled to a lower price. a claim to make a difference.
Article 540. [ Result Price] § 1. If the competent authority has determined how the seller is to calculate the price for the type or species concerned (the resulting price), the price shall be applied, depending on the nature of the price, or the fixed price provision, or the maximum price.
§ 2. In the event of a dispute as to the correctness of the calculation of the result price, the price shall be determined
Article 541. [ Redress of claims arising from price difference] The rules on the price of a rigid, maximum, minimum or resultant claim for the seller to make a difference in the price, as well as the buyer's claim for reimbursement of that difference, shall expire on the expiry of the year from the date of payment.
Art. 543. [ Sale Offer] Putting things at the place of sale on a public view with a price tag is considered to be a sale offer.
Article 543 1 . [ Issuing items to the purchaser] § 1. If the buyer is a consumer, the seller shall be obliged to issue the benefit immediately to the buyer, no later than thirty days from the date of conclusion of the contract, unless otherwise provided by the contract.
§ 2. In the event of a delay in the seller, the buyer may set an additional time limit for the issue of the goods and, after his/her unsuccessfully, may withdraw from the contract. The provisions of Article 4 492, art. 492 1 and art. 494 applies.
Art. 544. [ Moment of release of things] § 1. If the seller is to be sent by the seller to a place which is not a place of performance, it shall be made in the event of doubt that the issue has been made as soon as it is necessary to provide the goods at the place of destination. The seller has entrusted it to the trusting carrier of this kind of thing.
§ 2. However, the purchaser is obliged to pay the price only after the arrival of the goods at the place of destination and after allowing him to examine the goods.
Art. 545. [ Way of issuing and receiving things] § 1. The manner of issue and receipt of the goods sold should ensure its entirety and inviolability; in particular, the packaging and transport should correspond to the properties of the goods.
§ 2. In the event of a transfer of goods to the place of destination via the carrier, the buyer is obliged to examine the consignment at the time and in the manner adopted by the consignment of that type; if he/she stated that there was a loss in the course of the carriage; or the damage to the goods is required to carry out all the activities necessary to determine the liability of the carrier.
Art. 546. [ Documents, instructions] § 1. The seller is obliged to provide the buyer with the necessary explanations of legal and factual relations before concluding the contract.
§ 2. The seller is obliged to issue the documents which relate to things. If the content of such a document also applies to other items, the seller shall issue a certified extract from the document. In addition, if this is necessary for the proper use of the goods in accordance with its intended purpose, the seller is obliged to attach the instructions and give explanations concerning the way in which things are used.
Article 546 1 . [ Obligation to provide information to the consumer] § 1. If the buyer is a consumer, the seller is obliged to give it before the conclusion of a contract of clear, understandable and non-misleading information in Polish, sufficient to correct and full use of the goods sold. In particular, it is necessary to provide: the type of thing, the designation of its manufacturer or importer, the security mark and the sign of conformity required by separate regulations, the information on admission to trading in the Republic of Poland and, according to the type of thing, the determination of its energy intensity, as well as other data indicated in separate regulations.
§ 2. If the item is sold in a unit package or in a set, the information referred to in § 1 shall be placed on the goods sold or be permanently connected to it. In other cases, the seller is obliged to place at the place of sale information which may be limited to the type of thing, its main utility characteristics and the indication of the manufacturer or importer of things.
§ 3. The seller is obliged to provide in the place of sale the appropriate technical and organisational conditions enabling the selection of the goods sold and the verification of its quality, completeness and functioning of the main mechanisms and basic mechanisms Subassemblies.
§ 4. At the request of the buyer, the seller is obliged to clarify the meaning of the individual provisions of the contract.
§ 5. The seller is obliged to issue to the buyer with the thing sold all the items of its equipment and in the Polish language instructions, maintenance and other documents required by the separate regulations.
Article 547. [ Release Costs and Receis] § 1. If neither the contract nor the rules governing the price show who charges the costs of the issue and the receipt of the goods, the seller shall bear the costs of the issue, in particular the costs of measuring or weighing, the packing, the insurance for the time of transport and the costs incurred the transfer of goods, and the cost of receiving the purchaser.
§ 2. If the matter is to be sent to a place which is not a place of fulfillment, the costs of insurance and transfer shall be borne by the purchaser.
§ 3. Costs not listed in the preceding paragraphs shall be borne by the two parties after half.
Art. 548. [ Transition of benefits and burdens] § 1. When the goods are sold, they pass on the buyer's benefits and burdens, and the danger of accidental loss or damage to things.
§ 2. If the parties reserved a different moment of the passage of benefits and weights, they are made in the event of doubt that the danger of accidental loss or damage of things passes on the buyer with the same moment.
§ 3. If the seller is to be transferred by the seller to the consumer, the danger of accidental loss or damage shall be passed on to the purchaser at the time of the buyer's release. It shall be deemed to be entrusted to the seller by the seller if the seller has not had an influence on the buyer's choice of the carrier. The less favourable provisions for the buyer are invalid.
Article 549. [ Shell with the marking of things] If the buyer has reserved the marking of the shape, dimension or other properties of the goods or the term and place of issue, and the delay is allowed with the determination of the marking, the seller may:
(1) exercise the powers conferred on the creditor in the event of the debtor's delay in fulfilling the reciprocal benefit, or
2) make the mark itself and give it to the buyer's message by designating it an appropriate term to the different designation; after the unsuccessfully expiration of the designated term the designation made by the seller becomes for the buyer binding.
Art. 550. [ Buyer exclusivity reservation] If, in the contract of sale, the buyer has been reserved for the benefit of the buyer, or in such a way that the seller will not deliver the goods of a particular kind to others, or in such a way that the buyer will be the only one who has purchased the goods. in the area determined, the seller may not, in so far as the exclusivity has been reserved, neither directly nor indirectly conclude sales contracts which would infringe the exclusive rights of the purchaser.
Art. 551. [ Delay on receipt of things] § 1. If the buyer has committed a delay with the receipt of the goods sold, the seller may return the item to store at the cost and danger of the buyer.
§ 2. The seller may also sell the item to the buyer's account, however, he should first appoint the buyer an additional term to be received, unless the appointment is not possible either that the thing is exposed to corruption, or that of the other It would be a shame. The seller must immediately notify the purchaser about the sale.
Art. 552. [ Delay with price payment] If the buyer has made a delay with the payment of the price for the delivered part of the goods sold, or if due to its assets it is doubtful whether the payment of the price for the part of the goods to be delivered later will take place within the time limit, the seller may refrain from providing further parts of the items sold by designating the purchaser an appropriate time limit for securing the payment and, after an ineffective expiry of the time limit, may waive the contract.
Art. 554. [ Sale of claims for sale] Claims for the sale made in respect of the seller's business, claims by the craftsmen of such a title, and claims by agricultural holdings on the sale of agricultural and forestry foetuses, are due to expire on the expiry of the Two years.
Article 555. [ Sales of energy, rights and water] The provisions on the sale of goods shall apply mutatis mutandis to the sale of energy, rights and water.
SECTION II
Warranty for defects
Art. 556. [ Manoymia] The seller shall be liable to the buyer if the sale has a physical or legal defect (warranty).
Article 556 1 . [ Physical Wada] § 1. The physical disagreement is the incompatibility of things sold with the contract. In particular, the sale shall be incompatible with the contract if:
1) there are no properties which the benefit of this kind should have on account of the purpose in the contract marked either by the circumstances or the intended purpose;
2) there are no properties of which the seller has provided the buyer, including by presenting a sample or a formula;
3) is not suitable for the purpose of which the buyer informed the seller in the conclusion of the contract, and the seller has not raised a reservation as to its intended purpose;
4) was given to the buyer in a state of incomplete condition.
(2) If the purchaser is a consumer, the public assurance of the producer or his representative, the person who places the goods on the market in the field of his business and the person who, by way of his or her business, is to be treated as a consumer. the disposition of the name, the trade mark or any other distinguishing sign shall be represented as a producer.
§ 3. The item sold has a physical defect also in the event of incorrect installation and activation, if the operations were carried out by the seller or a third party for which the seller is responsible, or by the buyer who did the according to the instructions received from the seller.
Article 556 2 . [ Presumption of a physical defect] If the buyer is a consumer and the physical entry has been established before the end of the year from the date of issue of the goods sold, it shall be presumed that the insecurity or reason existed at the time of the passage of the danger to the buyer.
Article 556 3 . [ Legal Advice] The seller shall be liable to the buyer if the item sold is the property of a third party or if it is subject to the law of a third party, and if the restriction on the use or disposal of the matter is due to the decision or the decision of the competent authority; in the event of sale, the seller's right is also responsible for the existence of the law (legal entry).
Art. 557. [ Exemption from liability] § 1. The seller shall be exempt from liability for the warranty if the buyer knew about the vase at the time of conclusion of the contract.
§ 2. When the subject-matter of the sale is marked only as to the species or to the things to arise in the future, the seller is exempted from liability for the warranty, if the buyer knew about the vase at the time of the issue of the goods. This provision shall not apply when the purchaser is a consumer.
§ 3. The seller is not liable to the buyer who is the consumer for the fact that the seller does not have the characteristics arising from the public assurances referred to in art. 556 1 § 2, if the assurances did not know or, when assessing reasonably, could not have known or could not have influenced the buyer's decision to enter into a sales contract, or when their content was rectified prior to the conclusion of the contract of sale.
Art. 558. [ Modification Of Liability] § 1. You can extend, restrict, or disable the responsibility of the page. Where the purchaser is a consumer, the limitation or exclusion of liability for the warranty shall be permitted only in the cases specified in the specific provisions.
§ 2. The exemption or limitation of liability for the warranty is ineffective if the seller withheld a sneaky defect in front of the buyer.
Article 559. [ Liability for physical defects] The Seller is responsible for the warranty for physical defects that existed at the time of the passage of the danger to the buyer or arose from the underlying cause of the thing sold at the same time.
Article 560. [ Reduction of price or withdrawal from the contract] § 1. If the seller has a defect, the buyer may submit a statement of price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the purchaser will be free of defects or will remove the defect. This restriction shall not apply if the item has already been replaced or repaired by the seller or the seller has not done any obligation to exchange the goods free from defects or to remedy the defect.
§ 2. If the buyer is a consumer, may instead of the seller's proposed removal of the defect, demand the replacement of the goods free from defects or instead of the replacement of things to demand the removal of the defect, unless it brings the goods into conformity with the contract in the chosen way by the buyer it is impossible or would require excessive costs in comparison to the way the seller proposes. When assessing the excess of costs, account shall be taken of the value of the material which is free from defects, the nature and significance of the defect found, and the inconvenience to which the purchaser may otherwise have been exposed to the costs.
§ 3. The reduced price should be in such proportion to the price resulting from the contract in which the value of the stuff with the defect remains to the value of things without a defect.
§ 4. The purchaser may not withdraw from the contract if the contract is irrelevant.
Article 561. [ Exchange of things or removal of defects] § 1. If the item sold has a defect, the buyer may request the replacement of the item free from defects or the removal of the defect.
§ 2. The seller is obliged to exchange the defective thing to a free from defects or to remove the defect in a reasonable time without excessive inconvenience to the buyer.
§ 3. The seller may refuse to redress the buyer's request if it is impossible to bring the goods into conformity with the contract of goods in the manner chosen by the buyer, or the second possible way of bringing the contract into conformity with the contract. would require excessive costs. If the buyer is an entrepreneur, the seller may refuse to exchange things for free from defects or to remove the defect also when the cost of redress to this obligation exceeds the price of the goods sold.
Article 561 1 . [ Disassembly of defective goods] § 1. If the defective is fitted, the buyer may require the seller to dismantle and remount after the replacement has been made free of defects or to remove the defect. In the event of failure to comply with this obligation by the seller, the buyer shall be entitled to carry out those duties at the seller's expense and risk.
§ 2. The seller may refuse to disassemble and remount if the cost of these activities exceeds the price of the item sold.
§ 3. If the purchaser is a consumer, he may require the seller to dismantling and remount it shall, however, bear some of the associated costs in excess of the price of the goods sold or may require the seller to pay part of the costs. dismantling and remounting, up to the price of the goods sold.
Article 561 2 . [ Provision of defective goods] § 1. The buyer who exercises the warranty rights shall be obliged at the seller's expense to deliver the defective thing to the place marked in the sales contract, and when such a place is not specified in the contract-to the place where the matter was issued Shopper
§ 2. If, due to the type of thing or the manner of its installation, the supply of goods by the buyer would be unduly obstructed, the buyer is obliged to make available to the seller in the place where the item is located.
§ 3. The provisions of § 1 and 2 apply to the reimbursement of things in the event of withdrawal from the contract and the exchange of things to free from defects.
Article 561 3 . [ Replacement or repair costs] Subject to Article 561 1 § 2 and 3 of the replacement or repair costs shall be borne by the seller. In particular, this includes the costs of dismantling and delivering things, labor, materials, and remounting and commissioning.
Article 561 4 . [ Receipt of things] The Seller is obliged to accept from the buyer the defective case in case of exchanging things free from defects or withdrawal from the contract.
Article 561 5 . [ Recognition of a request for an exchange of goods or removal of a defect as reasonable] If the buyer who is the consumer has requested the replacement of the goods or the removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced and the seller has not responded to that request within fourteen days, he/she shall consider That the claim was justified.
Article 562. [ Items Delivered parts] If, in the sales contract, it is reserved that the sale of goods is to be delivered to parts and the seller does not, in spite of the buyer's demand, provide the same amount of defective goods instead of the defective goods, the purchaser may also withdraw from the contract. as to the part of the things to be delivered later.
§ 2. (repealed)
Art. 563. [ Loss of warranty rights] § 1. When selling between entrepreneurs, the buyer loses his warranty entitlement, if he did not examine things in time and in a manner adopted with such things and did not immediately inform the seller of the vase, and in the event that the fade came out only later, if he has not notified the seller immediately after the seller has been established.
§ 2. In order to comply with the above deadline, it is sufficient to send a notice of vada before the
Art. 564. [ Insidious Conceal of a defect] In the cases provided for in Article 563 loss of the right of warranty for physical defects does not occur despite the failure of the time limits to examine the goods by the buyer or to the seller's notice if the seller knew about the vase or provided the buyer that the defects were do not exist.
Art. 565. [ Defness of part of things] If only some of the items sold are defective and are detached from defects, without prejudice to both parties, the right of the buyer to withdraw from the contract shall be limited to the defective goods.
Art. 566. [ Repairing damage] § 1. If, on account of the physical defect of the goods sold, the buyer has made a declaration of withdrawal or a reduction in the price, he may demand compensation for the damage suffered by the fact that he had entered into an agreement without knowing the existence of the defect, even if the damage was a result of the failure to do so. the following circumstances for which the seller is not responsible and may, in particular, request reimbursement of the costs of the contract, the costs of receiving, transporting, carrying out and insurance of goods, and the reimbursement of the expenditure effected in such a way, which has not benefited from these inputs. It shall be without prejudice to the provisions on the obligation to remedy the damage on a general basis.
§ 2. The provision of § 1 shall apply accordingly in the event of the provision of a material free of defects instead of defective goods or the removal of a defect by the seller.
Art. 567. [ Referral of things] § 1. If the seller is allowed to receive the goods, the buyer may refer the matter to the seller's cost and danger.
§ 2. In the case of sales between entrepreneurs the buyer is entitled, and when the interest of the seller requires-the obligation to sell the thing with due diligence, if there is a danger of deterioration of the goods. The seller's intention to sell should, as far as possible, notify the seller, and in any event he should send him a notice immediately after the sale. The buyer may also send back the seller's behalf at his expense and danger.
Art. 568. [ Deadlines for the exercise of the exercise of the powers of the guarantee] § 1. The seller shall be responsible for the warranty if the physical defect is detected within two years, and when it comes to defects in the property, before the end of five years from the date of issue of the goods to the purchaser. If the buyer is a consumer and the subject of sale is used for mobile, the seller's liability may be reduced, not less than a year from the date of issue of the items to the buyer.
§ 2. The application for the removal of a defect or the exchange of goods sold for free from defects expires at the end of the year, counting from the date of the defect's determination. If the purchaser is a consumer, the limitation period shall not be completed by the expiry of the time limit laid down in paragraph 1.
§ 3. Within the time limits laid down in § 2, the buyer may submit a statement of withdrawal from the contract or a reduction in the price due to a defect in the sold. If the buyer has requested the exchange of things to be free from defects or to remove the defect, the time limit for making a declaration of withdrawal or reduction of the price starts with the moment of unsuccessfully expiry of the time limit for exchanging things or removal of the defect.
§ 4. In the case of an inquiry before a court or an amicable court of one of the powers of the guarantee, the time limit for the exercise of the other powers conferred on the purchaser in that title shall be suspended until the final proceedings are terminated.
§ 5. The provisions of § 4 shall apply mutatis mutandis to the mediation proceedings, the time limit for the exercise of the other right of the purchaser, which shall start to run from the date of refusal of the court of approval of the agreement concluded before the mediator or An unsuccessfully completed mediation.
§ 6. The expiry of the time limit for the statement of defects does not exclude the exercise of the right of warranty if the seller of the defect has trickled up.
Article 568 1 . [ Liability for vouers] If the term of fitness for use specified by the seller or manufacturer ends two years after the date of issue of the goods to the purchaser, the seller shall be liable under the warranty for the physical defects of the goods found before the end of that date. term. Article Recipe 568 § 6 shall apply.
Article 573. [ Notice of the seller of legal defects] The buyer, against whom the third party claims the goods sold, shall immediately notify the seller and call upon him to take part in the case. If he has failed to do so and the third party has received a favourable judgment for himself, the seller shall be relieved of his liability for the legal defect, provided that his/her participation in the proceedings is necessary to demonstrate that the person's claims the third was totally or partially unfounded.
Article 574. [ Repairing damage] § 1. If, on account of the legal defect of the goods sold, the buyer has made a declaration of withdrawal or a reduction in the price, he may demand compensation for the damage suffered by the fact that he had entered into an agreement without knowing the existence of the defect, even if the damage was a result of the failure to do so. the following circumstances for which the seller is not responsible and may, in particular, request reimbursement of the costs of concluding the contract, the costs of receiving, transporting, carrying out and insurance of goods, the reimbursement of the expenses effected in so far as did not benefit from them, and did not receive their reimbursement from a third party, and reimbursement of expenses process. It shall be without prejudice to the provisions on the obligation to remedy the damage on a general basis.
§ 2. The provision of § 1 shall apply mutatis mutandis in the event of the provision of a material free of defects instead of defective goods.
Article 575. [ Issue of things to a third party] If, on account of the legal defect of the goods sold by the buyer, the buyer is forced to deliver the goods to a third party, the contractual liability exemption does not exempt the seller from the obligation to reimbursing the price received, unless the buyer knew that the rights of the seller were the salesmen were disputed, or that he had acquired the benefit of his own danger.
Article 575 1 . [ Exempt Seller from Liability] If the buyer has avoided the loss in whole or in part of the acquired thing, or the effects of its charge in favour of a third party by payment of the sum of money or the fulfillment of another benefit, the seller may waive the liability of the title the voucher, by returning the buyer paid the sum or the value of the completed benefit, together with interest and costs.
Article 576. [ Deadlines for the exercise of authority under warranty for defects] The provisions of Article 4 (1) shall apply to the exercise of the legal rights of the sold thing to be executed. 568 (2) to (5), except that the time limit referred to in Article 5 (2) (a) is 568 § 2, starts from the date on which the buyer learned of the existence of the defect, and if the buyer learned of the existence of the defect only as a result of the action of the third party-from the day on which the ruling issued in the dispute with the third party became Legal
SECTION II 1
Seller's claim in relation to the defective goods sold
Article 576 1 . [ Remediation of the damage suffered] § 1. If the matter has not had a property which it should have in accordance with its intended purpose or in accordance with the public provision of the assurances referred to in Article 556 1 § 2, or was issued in an incomplete condition, the seller who incurred the costs as a result of the exercise of the right to voucher for the physical defects of the goods by the consumer may demand compensation for the damage suffered from that of the previous sellers, as a result of the whose act or omission has become flawed.
§ 2. The liability referred to in § 1 shall also be borne by the previous seller, who, knowing about the weight of the goods, did not inform the buyer about it or drew up an installation and commissioning instructions attached to the goods if the entry was due to the installation and the consumer will run things in accordance with this instruction.
§ 3. The compensation referred to in paragraph 1 shall include the reimbursement of expenses necessary for the fulfilment of the consumer's powers, in particular those relating to the replacement or removal of a defect in the sold thing, its dismantling, transport and re-installation, and the amount by which the price of goods has been lowered and the benefits lost.
Article 576 2 . [ Claim expiration] § 1. The claim of the seller shall expire on the expiry of a period of six months. The limitation period shall run from the day on which the seller costs the costs as a result of the exercise of his/her warranty entitlement, but not later than the date on which the seller should perform his/her duties vis-vis the consumer.
§ 2. If the court gave the action to repair the damage, stating that the defendant was not responsible for the creation of a defect of the goods, the limitation period for all other sellers cannot be completed before the end of the six months from the date on which the decision dismissing the action has become final.
Article 576 3 . [ Obligation to repair the damage] The provisions of this chapter shall be without prejudice to other provisions on the obligation to repair the damage.
Article 576 4 . [ Prohibition of exclusion or limitation of liability] The liability provided for in this chapter cannot be excluded or limited.
SECTION III
Warranty on sale
Article 577. [ Warranty] § 1. The provision of a guarantee shall be made by submitting a guarantee statement which shall determine the obligations of the guarantor and the entitlement of the buyer where the benefit is not covered by the characteristics set out in that statement. A warranty statement can be made in an advertisement.
§ 2. The guarantor's obligations may include, in particular, the reimbursement of the price paid, the exchange of goods or the repair thereof, and the provision of other services.
§ 3. If a guarantee has been given as to the quality of the goods sold, it is made in case of doubt that the guarantor is obliged to remove the physical defect of the goods or to provide the goods free of defects, provided that these defects are disclosed within the time limit specified in the warranty statement.
§ 4. If no other time limit is reserved, the term of the guarantee shall be two years from the date on which the item was issued to the buyer.
Article 577 1 . [ Warranty statement] § 1. The guarantor shall formulate the warranty statement in a clear and understandable manner, and when the type of information allows it, in a generally comprehensible graphic form. If the item is marketed in the Republic of Poland, the warranty statement shall be drawn up in Polish. The requirements for use of the Polish language do not apply to the names of own, trade marks, trade names, designations of origin of goods and the customary scientific and technical terminology.
§ 2. The warranty statement shall contain the basic information needed to exercise the powers of the guarantee, in particular the name and address of the guarantor or his representative in the Republic of Poland, the duration and territorial scope of protection the guarantee, the powers of the guarantee in the event of a defect, and the statement that the guarantee does not exclude, restrict or suspend the entitlement of the buyer arising from the provisions on warranty for the defects of the sold thing.
§ 3. Failure to comply with the requirements laid down in paragraphs 1 and 2 shall not affect the validity of the guarantee claim and shall not deprive the obligations arising from it.
Article 577 2 . [ Warranty document] The entitled guarantee may require the guarantor to issue a guarantee declaration established on paper or other durable medium (guarantee document).
Article 577 3 . [ Issue of Warranty Document] The seller shall issue the guarantee document together with the buyer and verify the conformity of the markings with the data contained in the guarantee document and the state of the seals and other security features.
Article 578. [ Liability range of guarantor] Unless otherwise stipulated in the guarantee, liability under the guarantee shall cover only defects arising out of the reasons inherent in the sale of the goods.
Article 579. [ Warranty and warranty] § 1. The purchaser may exercise the power of the warranty for the physical defects of the goods regardless of the privileges of the warranty.
§ 2. The exercise of the guarantee rights does not affect the seller's liability in respect of the warranty.
§ 3. However, in the event of an exercise by the purchaser of the guarantee, the time limit for the exercise of the warranty shall be suspended from the day on which the seller is notified of the weight. That time limit shall run further from the date of the refusal by the guarantor of the performance of the obligations under the guarantee or the ineffective passage of time for their execution.
Article 580. [ Executing Warranty Entitlements] § 1. Whoever exercises the rights under the guarantee shall provide the benefit at the expense of the guarantor to the place indicated in the guarantee or to the place where it was issued when the guarantee is granted, unless it is clear from the circumstances that the inaction should be removed in the place where the thing was at the time of disclosing the defect.
§ 2. The gwarant is obliged to perform his duties within the time limit specified in the contents of the guarantee statement, and when he/she does not specify it-immediately, but no later than the deadline of fourteen days, counting from the day of delivery of the goods by the authorized from the guarantee, and provide it with a thing at its expense to the place indicated in § 1.
§ 3. The danger of accidental loss or damage to things in time from the issue of the guarantor to its guarantor shall be borne by the guarantor.
Art. 581. [ Warranty Term] § 1. If, in the performance of his/her duties, the guarantor has provided the right with the guarantee instead of the defective thing free of defects or has made significant repairs to the goods covered by the guarantee, the term of the guarantee shall run again from the moment of delivery of the goods free from the guarantee defects or the return of the repaired things. If the guarantor exchanged some of the items, the said provision shall apply mutatis mutandis to the part mentioned.
§ 2. In other cases, the term of the guarantee shall be extended by a period of time during which, as a result of the defect, the guarantee entitled under the guarantee was not able to benefit from the guarantee.
SECTION IV
Specific types of sales
Chapter I
Sale per installment
Art. 583. [ Sale Agreement for the instalments] § 1. The sale on the instalment shall be made in respect of the business of the sale of movable property to the natural person for the price paid in certain instalments, if, according to the contract, the buyer is to be issued before the total price is paid.
§ 2. The purchase by the purchaser of the bills to cover or to secure the purchase price shall not preclue the application of the provisions of the Chapter of this Regulation.
Article 584. [ Gloves for the defects of things] § 1. The seller's liability for the warranty for the defects of the goods sold on the instalment may be exempted or restricted by contract only in the cases provided for by the special provisions.
§ 2. The contract may not make it difficult for the purchaser to exercise his right to exercise his warranty.
Article 585. [ Pre-Term instalment of instalments] The buyer can pay the installments before the payment deadline. In the event of early payment, the buyer may deduct the amount that corresponds to the interest rate applicable to the type of credit of the National Bank of Poland.
Art. 586. [ Disclaimer of immediate price demand] § 1. The reservation of the immediate requirement of an unpaid price in the event of failure to fulfil the individual instalments shall be effective only if it was made in writing at the conclusion of the contract and the buyer is at least two instalments with a payment of at least two instalments, the total amount of the instalment shall be The sum of the arrears exceeds one fifth of the agreed price.
§ 2. The seller may withdraw from the contract due to unpayment of the price only if the buyer is in the body with a payment of at least two instalments and the total sum of the arrears exceeds one fifth of the agreed price. In the event of such a seller, he shall appoint the purchaser an appropriate additional period to pay the risk that, in the event of an unsuccessfully expiry of the time limit, he/she shall be entitled to withdraw from the contract.
§ 3. The contractual provisions less favourable to the buyer are invalid. Instead, the provisions of this Article shall apply.
Art. 587. [ Acquisition of activities in the field of business] The provisions of this Chapter shall not apply to sales to instalments if the purchaser has acquired the benefit of his business.
Art. 588. [ Bank Loan] § 1. The provisions of this Chapter shall apply mutatis mutandis in cases where the movable property is sold to a natural person using a credit provided for that purpose by the bank, if that credit is to be paid back to the instalment, and the benefit is payable to the purchaser. issued before the total repayment of the credit.
§ 2. To secure the claims of the bank, which the credit is granted, it shall have the statutory right of pledge on the item sold as long as the item is in the buyer's place.
§ 3. Liability for the fault of a fault shall be borne solely by the seller.
Chapter II
Disclaimer of the property sold. Sales per sample
Art. 589. [ Sales subject to ownership of things] If the seller has reserved the property of the movable property sold until the price is paid, it shall be made in the event of doubt that the transfer of the ownership of the goods has been subject to a suspensive condition.
Article 590. [ Property reservation form] § 1. If the purchaser is issued, the reservation of ownership shall be recorded by letter. It shall be effective against the purchaser's creditors if the letter has a certain date.
§ 2. (repealed)
Art. 591. [ Remuneration for wear or damage to goods] In the event of a reservation of the ownership of the seller, the seller may request an appropriate remuneration for the wear or damage of the goods.
Art. 592. [ Sales per sample] § 1. The sale for the sample, or subject to examination by the buyer, shall be made where there is doubt as to the condition precedent that the buyer considers the sale to be good. In the absence of an indication in the contract of the time limit of the sample or examination of the goods, the seller may appoint the purchaser
§ 2. If the buyer has received and did not make a statement before the expiry of the appointment by the parties or appointed by the seller of the term, he shall be deemed to have considered the object of sale as good.
Chapter III
Right of repurchase
Art. 593. [ Disclaimer of repurchase] § 1. The right of repurchase may be reserved for a period not of five years; the longer term shall be reduced to five years.
§ 2. The right of repurchase shall be made by the seller's statement to the purchaser. If the conclusion of the contract of sale required the conduct of a particular form, the declaration of the exercise of the repurchase law should be made in the same form.
Art. 594. [ Implementation of repurchase law] § 1. At the time of repurchase, the buyer is obliged to transfer back to the seller the property of the purchased item for the return of the price and the cost of the sale and for the reimbursement of inputs; however, the reimbursement of expenses which did not constitute the necessary inputs should be a buyer only within the limits of an existing increase in the value of things.
(2) If the purchase price referred to in the contract is to transfer the price and the cost of the sale, the seller may demand a reduction in the repurchase price to the value of the goods at the time of the exercise of the repurchase law, but not the sum calculated in accordance with the preceding paragraph.
Article 595. [ Non-negotiability and indivisibility of repurchase law] § 1. The right of redemption is inalienable and indivisible.
§ 2. If there are several eligible for repurchase, and some of them do not exercise this right, the others may carry them out in their entirety.
Chapter IV
Right of pre-emption
Art. 596. [ Disclaimer of the right of pre-emption] If a law or a legal act reserves for one of the parties the priority to buy the marked thing in case the other party has sold the thing to a third party (right of pre-emption), it shall apply in the absence of the special provisions of this Chapter.
Article 597. [ Conditional sales] § 1. The benefit of the right of pre-emption may be sold to a third party only on condition that the right to the pre-emption of his or her right is not performed.
§ 2. The right of pre-emption shall be carried out by a declaration made by the undertaking concerned. If the conclusion of a contract for the sale of a thing which is the subject of a pre-emption right requires the conduct of a particular form, the declaration of exercise of the right of pre-emption should be made in the same form.
Art. 598. [ Notification of the rightholder] § 1. The right of pre-emption must immediately notify the holder of the content of the sale contract with a third party.
§ 2. The right of the right of the property may be carried out within one month and, as for other things, within one week of receipt of a notice of sale, unless other terms have been reserved.
Art. 599. [ Consequences of unconditional sales] § 1. If he/she has sold the goods to a third party unconditionally, or if he has not notified the holder of the sale or he/she has communicated the relevant provisions of the contract of sale not in accordance with the reality, he/she shall bear the right to sell the goods in the first place. liability for the resulting injury.
§ 2. However, if the right of pre-emption is entitled under the Act to the State Treasury or to a local government entity, to a co-owner or a tenant, the sale made unconditionally shall be invalid.
Article 600. [ Implementation of the right of pre-emption] § 1. The exercise of the right of pre-emption shall take place between the obligated and the entitled contract of sale of the same content as the contract concluded by a third party, unless a special provision provides otherwise. However, the provisions of the agreement with a third party in order to thwart the right of pre-emption are, in relation to the rightholder, to be ineffective.
(2) If the contract of sale concluded with a third party provides for additional benefits which he or she may not have been entitled to fulfil, he or she may carry out his or her right to do so by paying the value of those benefits. However, when the right of pre-emption is granted to the State Treasury or to a local government entity by virtue of the Act, such additional provision shall be deemed not to be reserved.
Art. 601. [ Payment of the price at a later date] If, according to a sales contract concluded with a third party, the price is to be paid at a later date, the right to pre-emption may benefit from that time limit only if the price is secured by the payment. This provision shall not apply when a national organisational unit is entitled.
Article 602. [ Non-marketability and indivisibility of the right of pre-emption] § 1. The right of pre-emption is inalienable. It shall be indivisible, unless specific provisions allow the partial exercise of that right.
§ 2. If there are several rightholes, and some of them do not exercise the right of pre-emption, the others may perform them in their entirety.
TITLE XII
Swap
Article 603. [ Swap Agreement] By a swap agreement, each party undertakes to transfer ownership of the property to the other party in exchange for a commitment to transfer the ownership of another item.
Article 604. [ Application of the sales regulations] The provisions for sale shall apply mutatis mutandis.
TITLE XIII
Delivery
Article 605. [ Ship Contract] By the delivery contract, the supplier undertakes to manufacture items which are marked only in the species and to deliver the parts or periodical parts thereof, and the recipient undertakes to receive these items and to pay the price.
Article 606. [ Form of delivery contract] The delivery contract shall be recorded by letter.
Article 607. [ Unsuitable raw materials or materials] If the raw materials or materials necessary for the execution of the subject of the delivery and delivered by the recipient are unsuitable for the proper performance of the subject of delivery, the supplier shall immediately notify the recipient thereof.
Article 608. [ The umpious reservation of the quality of things] § 1. If the contract stipulates that the creation of the ordered goods is to be made from raw materials of a particular species or origin, the supplier should notify the consignee about their preparation for production and is obliged to allow the consignee to check them out. quality.
§ 2. If the contract stipulates that the creation of the ordered items is to be determined in a certain manner, the supplier is obliged to allow the recipient to check the production process.
Article 609. [ Gloves for physical defects of the delivered items] The supplier shall bear the liability for the warranty for the physical defects of the goods supplied also in that case where the creation of the goods has been carried out in the manner specified by the consignee or by the technological documentation provided by the supplier, unless the supplier of the goods has been completed in accordance with the supplier, despite due diligence, could not detect the malfunction of production or technological documentation, or that the recipient, despite the attention of the supplier to the above faulty, insisted on the manner in which it was given production or technological documentation.
Article 610. [ Delay of production start] If the supplier delays the start of the manufacture of the delivery and/or individual parts of the consignment so far that it is not likely to be able to deliver it at the time of the appointment, the consignee may not, by failing to determine the additional time limit from the contract, derogate before expiry of the time limit for delivery of the item of delivery.
Article 611. [ Defective Execution] If, in the course of the manufacture of the delivery of the delivery, it appears that the supplier has been defective or contrary to the contract, the consignee may call upon the supplier to change the manner in which he or she has been executed by the supplier to that end, and, after an uneffective expiry of the prescribed time limit from the contract of departure.
Article 612. [ Application of the sales regulations] In the objects not covered by this Title, the rights and obligations of the supplier and of the consignee shall apply mutatis mutandis to the sale.
TITLE XIV
Cultivation
Article 613. [ Cultivation Contract] § 1. Under the cultivation contract, the agricultural producer undertakes to produce and deliver the number of agricultural products of a particular type to the contract and the contracting undertaking undertakes to receive the products by appointment, to pay an agreed price, and to the contract of the contract. to meet a specific additional benefit if the contract or specific provisions provide for the fulfilment of such a benefit.
§ 2. The quantity of agricultural products may be in the contract also marked according to the area from which the products are to be harvested.
§ 3. The provisions relating to the sale at the prices of rigid, maximum, minimum and resulting prices shall apply mutatis mutandis.
§ 4. A group of agricultural producers or their association shall also be understood by the agricultural producer.
Article 614. [ Solidarity liability of undertakings carrying out the holding jointly] If the subject of cultivation is to be produced on a holding operated by several persons jointly, the responsibility of those persons to the contracting party shall be in solidarity.
Article 615. [ Supplementary allowances] The additional benefits of the contracting party may be, in particular:
1. to provide the manufacturer with the opportunity to acquire certain inputs and to obtain financial assistance;
2. agri-technical and zootechnical assistance;
3) cash bonuses;
4. Advocates in rem.
Article 616. [ Form of cultivation contract] The cultivation contract should be concluded in writing.
Article 617. [ Contractor] The contracting authority shall be entitled to supervision and control over the performance of the cultivation contract by the manufacturer.
Article 618. [ Place of satisfaction] The producer's benefit should be met at the place where the contracted products are manufactured, unless otherwise provided for by the contract.
Article 620. [ Partial benefit] Where the subject of cultivation is divisible, the contracting party may not refuse to accept the partial benefit, unless otherwise reserved.
Article 621. [ Gloves for physical and legal defects of the object of cultivation] For the physical and legal defects of the object of cultivation and the means of production delivered to the manufacturer by the contracting authority, respectively, the provisions on the warranty of the sale with that change shall be applied, that the right of withdrawal from the contract due to defects The physical object of the cultivation shall be entitled to contract only if the defects are relevant.
Article 622. [ Not possible to fulfil the benefit] § 1. If, as a result of circumstances for which no party is liable, the producer cannot provide the subject of cultivation, it shall only be obliged to reimburse the advance payments and bank loans.
§ 2. In the agreement, the parties may stipulate the conditions for repayment of advances and credit more favourable to the producer.
Article 623. [ Notification of impossibility to deliver the item of creation] If the cultivation contract provides the manufacturer with an obligation to notify within a specified time limit the failure to deliver the object of the cultivation by reason of the circumstances for which the liability producer does not bear, failure to comply with the obligation of fault the manufacturer shall exclude the possibility of relying on these circumstances. This is not the case, however, where the contracting of the above circumstances knew or when they were well known.
Article 624. [ Claims redress] § 1. The producer and the contract's cross-claims shall expire within two years of the date on which the supply is fulfilled by the producer and, if the producer's benefit has not been fulfilled, from the date on which it should have been fulfilled.
§ 2. If the producer's benefit was met with parts, the statute of limitations runs from the date on which the last partial benefit was fulfilled.
Article 625. [ Transition of rights and obligations to the purchaser of the holding] If, after the conclusion of a cultivation contract, the holding of the producer has passed into possession of another person, the rights and obligations of that contract shall result in the new holder. This is not the case, however, where the passage of possession was the result of a paid acquisition of the holding, and the purchaser did not know and, despite the exercise of due diligence, could not find out about the existence of a cultivation contract.
Article 626. [ The transfer of the holding to the cooperative] § 1. Where, following the conclusion of a cultivation contract, the producer has lodged his holding as a contribution to an agricultural production cooperative, that cooperative shall enter into the rights and obligations of the producer, unless the state of the holding in which the holding is lodged is in the way of the contract.
§ 2. If the state of the holding of the producer at the time of its accession to the cooperative does not permit the execution of the cultivation contract by the cooperative, the contract expires and the producer is obliged to return the collected advances and bank loans; other advantages This contract is to be returned to the extent that it has not consumed them in order to implement the contract.
§ 3. If the producer after accession has made the equipment of the files contracted individually, he shall be solely responsible for the performance of the cultivation contract.
TITLE XV
Work Agreement
Article 627. [ Subject matter of the contract of work] By contract, the receiving work undertakes to perform the marked work and the ordering party to pay the remuneration.
Article 628. [ Flat-rate Remuneration] § 1. The amount of remuneration for the performance of the work may be determined by indicating the grounds for its determination. If the parties did not specify the amount of the remuneration or the grounds for determining the remuneration, they were in a doubt that the parties had a normal remuneration for the work of this kind. If the amount of the remuneration cannot be determined in this way, the remuneration corresponding to the reasonable amount of the work and the other requirements of the receiving order shall be paid.
§ 2. The provisions relating to the sale at the prices of rigid, maximum, minimum and output prices shall apply accordingly.
Article 629. [ Cost-of-cost remuneration] If the parties agreed remuneration on the basis of a statement of planned work and the estimated costs (cost compensation), and in the course of the execution of the work, the order of the competent authority changed the level of the prices or rates of the So far in the calculation of cost estimates, each of the parties may request an appropriate change in the agreed remuneration. However, this does not apply to claims paid for materials or labor before the change in prices or rates.
Article 630. [ Additional work] § 1. If, in the course of the work, the work needs to be carried out, which were not provided for in the compilation of the planned work, the basis for calculating the cost-of-estimate remuneration, and the summary was drawn up by the contracting authority on the basis of the contract. may require an appropriate increase in the agreed remuneration. If a statement of the planned work has been drawn up by the accepting order, it may request an increase in remuneration only if, in spite of the exercise of due diligence, it could not have foreseen the necessity of the additional work.
§ 2. The accepting order shall not demand an increase in remuneration if he has performed the additional work without obtaining the consent of the procurator.
Art. 631. [ Increase of the cost of the cost of the costs] If, in the cases provided for in the two articles preceding the need for a significant increase in the cost of the costs, the contracting authority may withdraw from the contract, but it should do so immediately and pay the recipient an order. the appropriate part of the agreed remuneration.
Article 632. [ Increase of lump sum increase] § 1. If the parties have agreed to pay a lump sum, the accepting contract shall not be required to increase the remuneration, even if the size or cost of the work could not be foreseen at the time of the contract.
§ 2. If, however, following a change in relations which could not have been foreseen, the execution of the work would threaten the recipient to order a gross loss, the court may increase the lump sum or terminate the contract.
Article 633. [ Execution of works from the ordering materials] If the materials for the performance of the work provide the ordering party, the accepting order should use them in an appropriate manner and submit the account and return the unused part.
Art. 634. [ Circumstances disturbing the correct execution] If the material provided by the contracting authority is not suitable for the proper performance of the work or if other circumstances which are likely to prevent the correct performance have been taken, the accepting order should immediately inform the person concerned about the performance of the work. requestor.
Article 635. [ Work Latency] If the recipient of the contract delays the beginning or finishing of the work so far that it is not likely to be able to complete it at the time of the appointment, the contracting authority may, without appointing the additional time limit from the contract, withdraw from the contract until the date of the contract. the deadline for the performance of the work.
Art. 636. [ Flawed or contradicted by the contract execution of the work] § 1. If the accepting undertaking is defective or contrary to the contract, the contracting authority may call upon it to change the manner of implementation and to set it in due time for that purpose. After the expiry of the time limit, the contracting authority may, from the contract, waive or entrust the correction or subsequent performance of the work to another person at the expense and danger of the receiving order.
§ 2. If the procurator has provided the material himself, he may, in the event of withdrawal from the contract or entrusting the performance of the work to another person, request the return of the material and the release of the work initiated.
Article 636 1 . [ Order of a movable property] Where the consumer has ordered a mobile work, the provisions of Article 1 shall apply. 543 1 , art. 546 1 and art. 548.
Article 638. [ Liability for defects of the work] § 1. The liability for defects of the work shall be applied mutatis mutandis with the warranty of the sale. The responsibility of the receiving order is excluded, if the work is due to the underlying cause of the material supplied by the contracting authority.
§ 2. If the procurator has been granted guarantees for the work done, the provisions on the sale guarantee shall be applied accordingly.
Article 639. [ Payment despite not to be performed] The contracting authority shall not refuse to pay the remuneration despite the failure to perform the work if the accepting contract was prepared to carry it out, but has suffered an obstacle for reasons relating to the contracting authority. However, in the case of such a contracting authority, this may deduct what the accepting order spared from the failure to perform the work.
Article 640. [ Co-operation in the performance of the work] If a contracting authority is required to perform the work, and this interaction is not available, the accepting contract may designate the contracting authority with a reasonable period of time with the risk that, after an ineffective expiry of the time limit laid down, it will be entitled to withdrawal from the contract.
Article 641. [ Loss of or damage to material or works] § 1. The danger of accidental loss or damage to the material for the performance of the work shall be borne by the person who supplied the material.
§ 2. When the work has been destroyed or damaged by the defect of the material provided by the ordering party or by the execution of the work according to his instructions, the accepting order may be required for the work to be carried out by an agreed remuneration or for his/her work the relevant part, if the procurator has warned of the danger of destruction or damage to the work.
Article 642. [ Remuneration paid] § 1. In the absence of any disparate contract, the contract shall be remunerated at the time of the deed.
§ 2. If the work is to be given to parts and the remuneration has been calculated for each part of the individual, the remuneration shall be made as soon as each of the partial benefits is met.
Art. 643. [ Obligation to receive the work] The contracting authority shall be obliged to pick up the work which the accepting order shall issue to it in accordance with its obligation.
Art. 644. [ Withdrawal from contract by the contracting authority] As long as the work has not been completed, the purchaser may at any time from the contract waived the payment of the agreed remuneration. However, in the case of such a contracting authority, this may deduct what the accepting order spared from the failure to perform the work.
Art. 645. [ Death of the receiving order] § 1. The contract of work, the performance of which depends on the personal qualities of the receiving order, shall be resolved by the death or incapacity for work.
§ 2. If the material was the property of the accepting order, and the work partially executed presents due to the intended purpose of the contract value for the ordering party, the accepting order or its heir may demand that the ordering party receive the material in the state in which it is located, for the payment of its value and the appropriate part of the remuneration.
Art. 646. [ Claims redress] The claims arising from the contract of work shall expire on the expiry of the two years from the date of the devotive work, and if the work has not been given, from the date on which the contract was to be put into effect.
TITLE XVI
Construction contract
Article 647. [ Contract for construction works] By the contract of construction works the contractor undertakes to grant the contract stipulated in the contract, carried out in accordance with the project and with the principles of technical knowledge, and the investor undertakes to make the required by the appropriate provisions of the task related to the preparation of works, in particular for the transfer of the site of construction and delivery of the project, and to the receipt of the object and payment of the agreed remuneration.
Article 647 1 . [ Work range] § 1. In the construction contract referred to in Article 647, concluded between the investor and the contractor (general contractor), the parties determine the scope of works, which the contractor will perform in person or by means of subcontractors.
§ 2. The agreement of the investor is required for the contractor to conclude a construction works contract with the subcontractor. If the investor, within 14 days of the contractor's presentation of the contract with the subcontractor or its project, together with the part of the documentation concerning the execution of works specified in the contract or project, does not report on the statement of objections or objections, he considers He said he had agreed to the conclusion of the contract.
§ 3. The agreement of the investor and the contractor is required for the subcontractor to conclude the contract with the further subcontractor. The second sentence of Article 2 (2) shall apply mutatis mutandis.
§ 4. The agreements referred to in paragraphs 2 and 3 shall be made in writing under the action of invalidity.
§ 5. The contract with the subcontractor and the investor and the contractor shall be jointly and severally liable for the payment of the remuneration for the construction works carried out by the subcontractor.
§ 6. The different provisions of the agreements referred to in this Article shall be invalid.
Art. 648. [ Form of contract for construction works] § 1. The contract for construction works should be stated by letter.
§ 2. Required by the relevant provisions, the documentation shall form part of the contractual component.
§ 3. (repealed)
Article 649. [ Work range] In case of doubt, it shall be made that the economic operator has undertaken all the works covered by the project forming part of the contract.
Article 649 1 . [ Guarantee of payment for construction works] § 1. Guarantee of payment for construction works, hereinafter referred to as the 'guarantee of payment', the investor shall grant the contractor (the general contractor) in order to secure the timely payment of the agreed remuneration for the execution of the works.
§ 2. The guarantee of payment shall be the bank or insurance guarantee, as well as the bank credit or bank guarantee granted at the request of the investor.
§ 3. The parties shall bear in equal parts the documented costs of securing the claim.
Article 649 2 . [ Prohibition to exclude or restrict the contractor's right to demand a payment guarantee from the investor] § 1. It is not possible to exclude or restrict the right of the contractor (general contractor) to request the investor to pay a payment.
§ 2. The return of the investor from the contract caused by the request of the contractor (general contractor) of the presentation of the payment guarantee is ineffective.
Article 649 3 . [ Request from the investor to pay the payment up to the amount of possible remuneration claim] § 1. The contractor (general contractor) of the works may at any time require a guarantee from the investor to pay up to the amount of any possible claim for remuneration resulting from the contract and the additional works or necessary for the performance of the contract, accepted in writing by the investor.
§ 2. The sharing of the payment guarantee does not prevent the request for payment guarantees to the total amount specified in § 1.
Article 649 4 . [ No guarantee for payment requested] § 1. If the contractor (general contractor) fails to obtain the requested guarantee of payment within the prescribed period, not less than 45 days, the contractor shall be entitled to withdraw from the investor's fault with effect at the date of the withdrawal.
§ 2. The lack of the requested payment guarantee constitutes an obstacle to the execution of the construction works on grounds relating to the investor.
§ 3. The investor cannot refuse to pay the remuneration despite the failure to perform the works, if the contractor (the general contractor) was prepared to carry them out, but he suffered the obstacles for the reasons for the investor. However, in the case such an investor can deduct what the contractor (general contractor) spared due to the failure to perform the works.
Article 649 5 . [ Application of the provisions to the agreements concluded between the contractor and further contractors] The provisions of Article 4 649 1 -649 4 it shall apply to contracts concluded between the contractor (general contractor) and further contractors (subcontractors).
Article 651. [ Notice of the Investor of Obstacles] If the documentation provided by the investor, the construction site, the machinery or equipment is not suitable for the proper performance of the works, or if other circumstances which are likely to prevent the proper execution of the works, the contractor should immediately notify the investor.
Article 652. [ Liability for damages] If the contractor has taken over the construction site from the investor, he shall be liable until the object has been held liable on a general basis for the damage caused in the field.
Article 654. [ Acceptance of works carried out partly] In the absence of a different provision of the contract, the investor shall, at the request of the contractor, accept the works carried out partially, as soon as they are completed, for payment of the appropriate part of the remuneration.
Art. 655. [ Failure of the executed object] If the executed object is damaged or damaged due to the defect provided by the investor of materials, machinery or equipment or by the execution of works according to the investor's instructions, the contractor may request an agreed remuneration or his/her the relevant part, if the investor has warned of the danger of destruction or damage to the object, or if, despite the exercise of due diligence, he has not been able to determine the defect provided by the investor of materials, machinery or equipment.
Article 656. [ Application of the provisions on the contract of work] § 1. To the effects of delay by the contractor with the commencement of works or the finishing of the object or the execution by the contractor of works in a defective or conflicting manner, to the warranty for the defects of the executed object, as well as to the investor's authority to to withdraw from the contract prior to the completion of the facility the provisions on the contract of work shall apply accordingly.
§ 2. (repealed)
Article 657. [ Withdrawal from contract] The entitlement to withdraw from the contract by the contractor or by the investor may be limited or excluded by special provisions.
Article 658. [ Contract for overhaul] The provisions of this Title shall apply mutatis mutandis to the contract for the renovation of a building or building.
TITLE XVII
Lease and Lease
SECTION I
Lease
Chapter I
General provisions
Article 659. [ Lease Agreement] § 1. By the lease agreement, the landlord undertakes to give the tenant the benefit of use for the time marked or unmarked, and the tenant undertakes to pay the hirer an appointment.
§ 2. The rent may be marked in money or in other kinds of benefits.
Article 660. [ Lease Contract Form] The rental agreement of the property or room for more than one year should be concluded in writing. In the absence of this form, a contract is made for an indeterminate period of time.
Article 661. [ Lease Extension] § 1. The lease concluded for a period of more than ten years shall be made after the expiry of that period for an indeterminate period.
§ 2. The Najim concluded between the entrepreneurs for a period longer than the thirty years is made after the expiry of that period for the indeterminate amount.
Article 662. [ Release and contributions to the benefit] § 1. The landlord should issue the tenant in a state that is useful for the appointment and maintain it in that state for the duration of the lease.
§ 2. Small investments connected with ordinary use of things shall be borne by the tenant.
§ 3. If the benefit has been destroyed due to the circumstances for which the lessor is not responsible, the landlord shall not be obliged to reinstate the previous condition.
Article 663. [ Repairing things] If, during the term of the lease, the repairs are required, which are charged to the landlord, and without which the benefit is not useful for the appointment, the tenant may appoint the lessor the relevant time for the repair. After the expiration of the term, the lessee may make the necessary repairs at the cost of the landlord.
Article 664. [ Gloves for the disadvantages of leased stuff] § 1. If a subtraction has defects which limit its suitability to an appointment, the tenant may demand an appropriate reduction in the rent for the duration of the defects.
§ 2. If, at the time of the issue, the tenant had defects which prevent the use of the goods under the contract, or if such defects arose later, and the landlord in spite of the communication received did not remove them at the appropriate time, or if the defects were they do not remove themselves, the lessee can terminate the lease without notice of notice.
§ 3. A claim for a reduction in rent due to the defects of the acquired goods, as well as the right to terminate the lease without delay shall not be entitled to the tenant if at the time of conclusion of the contract he knew about the defects.
Art. 665. [ Third Party Claims] If a third party is against the tenant of claims relating to a thing acquired, the tenant should immediately notify the landlord.
Article 666. [ How things are used] § 1. The tenant should use the lease in the manner in the contract for the duration of the lease, and when the contract does not specify the manner in which it is used, in a manner that corresponds to the characteristics and the purpose of the goods.
§ 2. If, during the term of the lease, there is a need for repairs which are charged to the landlord, the tenant should notify him immediately.
Article 667. [ Changes in things] § 1. Without the permission of the landlord, the lessee shall not do anything to the contrary to the contract or to the purpose of the matter.
§ 2. If the tenant uses things in a manner contrary to the contract or the purpose of the goods and despite the admonition, he shall not cease to use it in such a manner, or neglects to the extent that it is exposed to loss or damage, the landlord may to terminate the lease without notice.
Article 668. [ Sublease or Free Use] § 1. A tenant may be charged, in whole or in part, to a third party for free use, or in the sublease, if the contract does not prohibit him. In case of devotions to a third party, both the tenant and the third party are responsible to the landlord for the benefit of the benefit in accordance with the obligations arising from the lease.
§ 2. The relationship resulting from the contract concluded by the tenant for free use or sublease shall be resolved at the latest at the end of the lease relationship.
Article 669. [ Rent Due Date] § 1. The tenant is obliged to pay the rent by the date of the appointment.
§ 2. If the term of payment of the rent is not in the contract specified, the rent should be paid in advance, namely: when the rental is to last no longer than a month-for the entire lease time, and when the rental is to last for more than a month or when the contract was concluded on time unmarked-monthly, by the tenth day of the month.
Art. 670. [ Right of pledge on things moving tenants] § 1. For the security of the rent and the additional benefits with which the tenant is in arrears for no more than one year, he shall be entitled to a statutory right of pledge on movable tenants transferred to the subject of the lease, unless these items are not subject to occupation.
§ 2. (repealed)
Article 671. [ Expiry of the pledge] § 1. The statutory right of the lien shall be extinguished when the assets under the pledge are removed from the lease.
§ 2. The lender may object to the removal of the assets loaded with the pledge and keep them at their own danger until the overdue rent is paid or secured.
§ 3. In the event that the assets subject to the pledge are removed by the management of the State body, the landlord shall retain the statutory right of pledge if he reports to the authority which ordered the removal before the expiry of the three days.
Article 672. [ Delay with payment of rent] If the tenant is allowed to pay the rent at least for two full payment periods, the lessor may terminate the rental without notice.
Article 673. [ Lease Termination] § 1. If the duration of the lease is not marked, both the landlord and the lessee may terminate the rental with the contractual terms and in their absence with the observable statutory time limits.
§ 2. The statutory terms of termination of the lease are as follows: when the rent is paid at intervals longer than one month, the lease can be issued at the latest three months forward at the end of the calendar quarter; when the rent is paid monthly- monthly forward at the end of the calendar month; when the rent is paid at shorter intervals-three days ahead; when the rental is daily-for one day forward.
§ 3. If the duration of the lease is marked, both the landlord and the lessee may terminate the rental in the accidents specified in the contract.
Article 674. [ Milling Lease Extension] If, after the expiry of the period marked in the contract or in the termination of the contract, the tenant continues to use the goods with the consent of the landlord, he shall be made in the event of doubt that the lease has been extended for an indefinite period.
Article 675. [ Reimbursement of things] § 1. At the end of the lease, the tenant is obliged to return the benefit in a non-deteriorated state; however, he is not responsible for the use of things resulting from proper use.
§ 2. If the tenant has given another person the benefit of the free use or the sublease, the obligation of the above pregnancy will also be on that person.
§ 3. It is presumed that the benefit was given to the tenant in good condition and useful for the appointment.
Article 676. [ Improvement of things] If the tenant has improved the benefit, the landlord, in the absence of any other contract, may, in accordance with his/her choice, either stop the improvements for the payment of the sum corresponding to their value at the time of return, or demand the restoration of the previous condition.
Article 677. [ Claims redress] Claims of the landlord against the tenant to repair the damage due to damage or deterioration of the goods, as well as the tenants ' claims against the landlord for reimbursement of expenses in favour or the reimbursement of the overpaid rent expires at the end of year from the day of returning things.
Article 678. [ Dispension of a thing acquired during the term of the lease] § 1. If the goods are disposed of during the term of the rental, the purchaser shall enter into the ratio of the rental to the place of the seller; however, he may terminate the rental subject to the statutory time limits for notice.
§ 2. The above right to terminate the lease is not entitled to the buyer if the lease agreement was concluded for the time marked with the written form and with the date certain, and the benefit was given to the mercenary.
Article 679. [ Buyer termination by purchaser] § 1. If, owing to the termination of the hire by the purchaser of the goods, the tenant is forced to return the goods earlier than he would have been obliged to do according to the contract of rental, he or she may request the vendor to remedy the damage.
§ 2. The transferee should immediately notify the seller of the purchaser's premature denunciation; otherwise, the seller shall be entitled against any charges which the tenant did not raise, the increase of which would have attracted him/her. the purchaser's notice of ineffectiveness.
Chapter II
Occupancy Lease
Art. 680. [ Applying provisions for the lease agreement] The provisions of the preceding chapter shall apply to the rental of premises, subject to the provisions of the following provisions.
Article 680 1 . [ The spouses as tenants of the premises] § 1. The spouses are tenants of the premises, irrespective of their existing property, if the ratio of the tenancy of the premises intended to meet the housing needs of their families took place during the period of the marriage. Where there is a property or a property separation between the spouses, the provisions on statutory commonality shall be applied mutatis mutandis with the alignment of the acquis.
§ 2. The property of the property of the family during the period of the marriage does not result in the cessation of the lease of the premises for the purpose of meeting the needs of the family. The court, in applying the provisions on the establishment of the judgment in the judgment of the Court, may, for important reasons, at the request of one of the spouses, waive the sharing of the tenancy of the premises.
Article 681. [ Small lectures] Minor inputs that charge the tenant include, in particular, minor repairs of floors, doors and windows, painting of the walls, floors and the interior side of the entrance door, as well as minor repairs of installations and technical devices, ensuring the use of light, heating of the premises, inflow and water outflow.
Art. 682. [ Health-threatening defects] If the defects in the premises are of such a nature that they endanger the health of the tenant or his household or his employees, the tenant may terminate the lease without notice, even if at the time of conclusion of the contract he knew about the defects.
Art. 683. [ Home Order] The tenant of the premises should apply to the household order, if this is not contrary to the privileges of the contract; he should also count on the needs of other residents and neighbours.
Article 684. [ Establishment of equipment by the tenant] The tenant may assume electric lighting, gas, telephone, radio and other similar devices in the acquired premises, unless the way in which they are assumed opposes the applicable regulations or threatens the security of the property. If the equipment is intended to be used for the purpose of co-operation of the landlord, the lessee may require that he/she should be responsible for the reimbursement of the resulting costs.
Article 685. [ Lease termination by landlord] If the tenant of the premises is in a way which is in a way which is in a radicalised or persistent manner against the applicable household order or by their improper behaviour makes the use of other premises in the burdensome building, the landlord may terminate the lease without retaining any behaviour. terms of notice.
Article 685 1 . [ Termination of Rent] The landlord may increase the rent by commencing the current rent at the latest one month forward, at the end of the calendar month.
Article 686. [ Pledge Law] The statutory right of pledge of the rented dwelling extends also to the property transferred to the movable property of the members of the tenant's family, together with the residents.
Art. 687. [ Delay with payment of rent] If the tenant is allowed to pay the rent for at least two full payment periods, and the landlord intends to terminate the rental without notice, he/she should inform the lessee in writing by giving him an additional payment. a monthly period for payment of the outstanding rent.
Art. 688. [ Lease Termination] If the duration of the lease is not marked and the rent is paid monthly, the lease can be released at the latest three months forward at the end of the calendar month.
Article 688 1 . [ Liability for payment of rent] § 1. The payment of rent and other charges due shall be jointly and severally liable for the person who is permanently resident in the person who is the person who is in the age of 18.
§ 2. The liability of the persons referred to in § 1 shall be limited to the amount of rent and other charges due for the period of their permanent residence.
Article 688 2 . [ Consent of the landlord] Without the permission of the landlord, the tenant cannot give away the premises or parts of it for free use or subtract it. The consent of the landlord shall not be required as to the person in respect of whom the tenant is subject to maintenance obligations.
Article 690. [ Application of the provisions on property protection] To protect the rights of tenants to use premises, the provisions on property protection shall apply accordingly.
Art. 691. [ The death of the tenant of the dwelling] § 1. In the event of the death of the tenant of the dwelling in relation to the rental of the premises, the spouse who is not a co-tenant of the premises, the children of the lessee and his or her spouse, other persons to whom the tenant was obliged to receive maintenance services, and the person who is the person who has the right to receive maintenance services, and who have been In fact, it has been in common borrowing with the tenant.
§ 2. The persons referred to in § 1 shall enter into the ratio of the tenancy of the dwelling where they are permanently resident with the tenant at the time of his death.
§ 3. In the absence of the persons referred to in § 1, the ratio of the rental of the dwelling shall expire.
§ 4. The persons who have entered into the ratio of the rental of a dwelling under § 1 may terminate him in accordance with the statutory time limits, even if the lease contract was concluded for a period of time marked. In the event of termination of the lease by some of those persons, the ratio shall be extinguished in respect of the persons who have spoken it.
§ 5. The provisions of paragraphs 1 to 4 shall not apply in the event of the death of one of the co-tenants of the dwelling.
Art. 692. [ Exemption of the application of the provisions on termination] The provisions on the termination of the rental by the purchaser of the goods shall not be applied to the rental of dwellings unless the tenant has not already taken place.
SECTION II
Lease
Article 693. [ Lease Agreement] § 1. By the lease agreement the lessor is obliged to give the tenant the benefit of the use and collection of the loans for the time marked or unmarked, and the tenant undertakes to pay the rent an appointment.
§ 2. Rent can be reserved in money or benefits of another kind. It can also be marked in a fractional part of the borrowing.
Art. 694. [ Application of the provisions on the leases] The leases shall apply mutatis mutandis with the provisions of the following provisions.
Article 695. [ Extension of the lease, right of pre-emption] § 1. The lease concluded for a period of more than 30 years shall be made after the expiry of that period for an indeterminate period.
§ 2. (repealed)
Art. 696. [ Lease Executing] The tenant should exercise his right in accordance with the requirements of the correct economy and may not change the purpose of the lease subject without the consent of the lessor.
Art. 697. [ Necessary Repairs] The tenant is required to make repairs necessary to maintain the object of the lease in a non-deteriorated condition.
Art. 698. [ Underlease, Free Use] § 1. Without the consent of the lessor, the lessee shall not give the object of the lease to a third party for free use or lease it.
§ 2. In the event of a breach of this obligation, the lessor may terminate the lease without notice.
Art. 699. [ Rent Due Date] If the term of payment of the rent is not in the contract marked, the rent is paid from the bottom within the period customarily adopted, and in the absence of such custom-half a year from the bottom.
Article 700. [ Reduction of Rent] If, as a result of circumstances for which the lessee is not responsible and which does not concern his or her person, the ordinary income of the lease has been reduced significantly, the lessee may demand a reduction in the rent for the period in question. Economic.
Article 701. [ Pledge Law] The movable assets covered by the statutory right of the lessor shall also include the activities of holding the holding or undertaking if they are within the scope of the lease.
Article 702. [ Scope of the pledge law] If in the contract it is reserved that in addition to the rent of the tenant it will be obliged to pay taxes and other burdens related to the property or with the possession of the object of the lease and bear the costs of his insurance, statutory pledge of the pledge the leased shall also protect the leased claim against the lessee for the reimbursement of the sums which he has paid out of the above titles.
Article 703. [ Delay with payment of rent] If the tenant is allowed to pay the rent for at least two full payment periods, and if the rent is payable annually, if the delay is allowed with a payment of more than three months, the lessee may be leased to the lease without Notice of notice. However, the lessor should warn the lessee by providing him with an additional three-month period for payment of the outstanding rent.
Article 704. [ Lease of agricultural land] In the absence of a different contract, the lease of agricultural land can be set out for one year forward at the end of the leased year, and another lease for six months ahead before the end of the lease.
Article 705. [ Reimbursement of the lease subject] At the end of the lease, the tenant shall, in the absence of any other contract, return the lease in the state in which he or she should be in accordance with the provisions on the exercise of the lease.
Article 706. [ Other seafares] If, at the end of the lease, the renting of the agricultural land leaves the incumbents under its obligation, it may request the reimbursement of such outlays as long as, contrary to the requirements of the normal economy, it has not received the appropriate seedlings when the lease is started.
Article 707. [ Reduction of Rent] If the lease ends before the end of the leased year, the tenant is obliged to pay the rent in the proportion that the loan, which he has collected or may have taken this year, remains for the benefit of the whole year of the lease.
Article 708. [ Idle Ground Use] The provisions of the chapter of this chapter apply mutatis mutandis where a person who is an agricultural property for the use and collection of the benefit is not obliged to pay the rent, but only to incur taxes and other burdens related to the property or with the land.
Article 709. [ Leasing of rights] The leased provisions shall apply mutatis mutandis to the lease of rights.
TITLE XVII 1
Lease Agreement
Article 709 1 . [ Leasing Agreement] By the leasing contract, the funding undertakes to acquire, within the scope of the business of its undertaking, the benefit of the seller under the terms and conditions laid down in that agreement and to the benefit of the beneficiary for the use or use and collection of the loans. for a period of time marked and the beneficiary undertakes to pay the money in the agreed instalment to the remuneration of at least the price or remuneration for the acquisition of the goods by the financing provider.
Article 709 2 . [ Form of contract conclusion] The lease agreement should be concluded in writing under the rigorous annulment.
Article 709 3 . [ Payment terms of instalments] If the benefit is not given to the beneficiary within the time limit set due to the circumstances for which he is responsible, the dates of payment of the instalments shall not be changed.
Article 709 4 . [ Obligations of funding] § 1. The financing should issue the beneficiary in the same state as it was at the time of the funding issue by the vendor.
§ 2. The Finansurer does not respond to the use of the use of things for the use of the agreed use.
§ 3. The funding shall be issued to the beneficiary together with a copy of the agreement with the vendor or the copies of the other documents held in respect of the contract, in particular a copy of the guarantee document as to the quality of the goods received from the vendor or the manufacturer.
Article 709 5 . [ Termination of contract] § 1. If, after the granting of the benefit, the benefit has been lost due to the circumstances for which it is not responsible, the leasing contract shall expire.
§ 2. The use should immediately notify the financing of the loss of goods.
§ 3. If the leasing contract has expired for the reasons set out in paragraph 1, the financing may require the beneficiary to pay immediately all the instalments provided for in the contract and the unpaid instalments, less the benefits which the funds have obtained as a result of the payment of the contract. payment before the appointment and expiry of the leasing contract and for the insurance of the goods, as well as the compensation of the damage.
Article 709 6 . [ Costs of Insurance of Things Since Her Loss] If, in the leasing contract, it is reserved that the beneficiary is required to bear the costs of insurance of the goods from the loss of his/her loss during the leasing operation, in the absence of a different contractual provision, those costs include the insurance premium on the general public adopted conditions.
Article 709 7 . [ Obligations of Use] § 1. The beneficiary shall maintain the benefit in due state, in particular the maintenance and repair thereof necessary to preserve the goods in a non-deteriorated state, taking into account its consumption as a result of proper use, and bear the right to bear the right to do so. weights related to the property or possession of things.
(2) If, in the leasing contract, it is not reserved that the maintenance and repairs of goods are carried out by a person who has qualified qualifications, the beneficiary shall immediately inform the financing officer of the need to make a significant recovery.
§ 3. The beneficiary shall be obliged to allow the financing of the goods to be checked within the limits set out in paragraphs 1 and 2.
Article 709 8 . [ Things flaws] § 1. The financing shall not be liable to the benefit of the beneficiary of a defect, unless such defects have arisen as a result of the circumstances for which the funding is responsible. The contractual provisions less favourable to the beneficiary shall be invalid.
§ 2. On the conclusion of the financing agreement with the transferee under the Act, the transferee shall pass on the beneficiary of the defect to the transferee's rights of affairs, with the exception of the right of withdrawal from the negotiator's contract.
§ 3. Execution by the beneficiary of the powers specified in § 2 shall not affect his or her obligations under the leasing contract, unless the funding waives the agreement with the seller due to the defects of the goods.
§ 4. The beneficiary may demand a waiver by the seller from the seller because of the defects of the goods, if the right to withdraw is due to the provisions of the law or the agreement with the vendor. Without the notification of the request by the beneficiary, the seller may not waive the contract with the seller due to the defects of the goods.
§ 5. In the event of a waiver by the seller from the seller due to the defects of the goods, the lease agreement expires. The funding may be requested from the beneficiary of the immediate payment of all the instalments provided for in the contract, less the benefits which the funds have received as a result of their payment before the appointment and termination of the lease agreement. and contracts with the vendor.
Article 709 9 . [ Scope of use of things] The accessor should use the goods and charge it in the manner specified in the lease agreement, and when the contract does not specify it-in a manner that corresponds to the properties and the purpose of the goods.
Article 709 10 . [ Prohibition of making changes in things] Without the consent of the funding beneficiary, the beneficiary shall not make any changes, unless it is due to the purpose of the matter.
Article 709 11 . [ Termination of a contract in the event of a breach of obligations arising from a leasing contract] If, in spite of a written reminder by the sponsoring fund, the beneficiary is in breach of the obligations laid down in Article 709 7 § 1 or in Art. 709 9 or will not remove the changes to the items made in violation of the art. 709 10 The funding may terminate the leasing contract with immediate effect, unless the parties have agreed on a period of notice.
Article 709 12 . [ Termination of a contract in the event of a given item for use without the financing approval] § 1. Without the funding agreement, the beneficiary may not give up the goods for the use of a third party.
§ 2. In the event of a breach of the obligation laid down in paragraph 1, the funding may terminate the leasing contract with immediate effect, unless the parties have agreed on a period of notice.
Article 709 13 . [ Obligation to pay instalments] § 1. The beneficiary is obliged to pay the instalments at the dates of the appointments.
(2) If the beneficiary is authorised to pay at least one instalment, the funding shall be set out in writing using the relevant additional time limit to pay the risk that, in the event of an unsuccessfully expiry date, the amount of the pension is calculated on the basis of the risk of the risk of the loss of the time limit may terminate the leasing contract with immediate effect, unless the parties have agreed on a period of notice. The contractual provisions less favourable to the beneficiary shall be invalid.
Article 709 14 . [ Being a Thing] § 1. In the event of a divestiture of the goods by the financing purchaser, he/she shall enter into a ratio of leasing to the funding place.
§ 2. The Finansurer should immediately inform the beneficiary of the disposal of the goods.
Article 709 15 . [ Contract Resolution] In the event of termination by the financing of the leasing contract as a result of the circumstances for which the beneficiary is liable, the financing may be required of the beneficiary to pay immediately all the instalments provided for in the contract and the unpaid instalments, less the benefits which the funding has received as a result of their payment before the appointment and termination of the leasing contract.
Article 709 16 . [ Requesting a transfer of ownership] If the funding has committed, without additional benefit, to transfer to the beneficiary of the property after the expiry of the leasing duration, the beneficiary may request the transfer of the property within one month of the expiry of the period of the period of the first month. time, unless the parties have agreed on a different time limit.
Article 709 17 . [ Application of the provisions on sale to the instalments] To be liable to the financing of any defect arising from the circumstances under which the funding is liable, the powers and obligations of the parties in the event of an investigation by a third party against the beneficiary of claims relating to things, the beneficiary and the third party in respect of the funding in the event of the beneficiary's use of the person's belongings, the security of the leasing and ancillary benefits, the reimbursement of the goods by the beneficiary after the end of the period Leases and improvements in the use of the use of the as appropriate, the provisions for the payment by the beneficiary of the instalments before the payment date shall be applied mutatis mutandis for the sale to the instalments.
Article 709 18 . [ Application of the provisions concerning the leasing contract] To the contract by which one party undertakes to give the property that is owned or used for the purposes of using or downloading the benefit of the other party, and the other party undertakes to pay the owner of the goods in the agreed remuneration in cash, equal to at least the value of things at the time of conclusion of the contract, the provisions of this Title shall apply accordingly.
TITLE XVIII
Using
Article 710. [ Usage Agreement] By the use of the lending contract, the user undertakes to authorise the recipient, for a period of time marked or unmarked, for the free use of the goods to which he or she has been given the same thing.
Article 711. [ Defects in use] If the benefit is defect, the user shall be obliged to make good the damage he has caused to the recipient of the defect that he has not informed him of the defects. This provision shall not apply where the recipient may have easily noticed.
Article 712. [ The way of using the used thing] § 1. If the contract does not specify the manner in which the goods are used, the recipient may use it in a manner which corresponds to its characteristics and its purpose.
§ 2. Without the consent of the recipient, he or she may not return the goods used to the third party for use.
Article 713. [ Subsistent cost of living] The recipient shall bear the normal cost of maintaining the goods used. Where he has made other expenditure or expenditure in favour, provision shall be made for the conduct of other cases without an order.
Article 714. [ Accidental loss or damage to things] The recipient shall be responsible for the accidental loss or damage of the goods if it is using it in a manner contrary to the contract or with the characteristics or purpose of the goods, or when not having been authorised by the contract or forced by the contract to do so by the the circumstances entrusted to another person, and the benefit would not have been lost or damaged if he had been using it properly or if he had kept it at home.
Article 715. [ Termination of use] If the contract of use has been concluded for an indeterminate period, the use shall end when the recipient has made use of the contract or the time has elapsed in which the use of the contract may have been made.
Article 716. [ Return request] If the recipient uses the goods in a manner contrary to the contract or with the characteristics or purpose of the matter, if he entrusts the benefit to another person without being authorised by the contract or forced by the circumstances, or if it is necessary to do so used for reasons not provided at the time of conclusion of the contract, the lender may demand the reimbursement of things, even if the contract is concluded for a period of time marked.
Article 717. [ Solidarity for use] If several persons have jointly taken the benefit of their use, their responsibility shall be jointly and severally.
Article 718. [ Reimbursement of things] § 1. Upon termination of use, the recipient shall be obliged to reimburse the beneficiary in a non-deteriorated condition; however, the recipient shall not be liable for the use of the goods resulting from the proper use.
§ 2. If the recipient has entrusted the benefit to another person, the obligation of the above pregnancy shall also be made on that person.
Article 719. [ Claims redress] Claim to be used against the recipient for damages for damage or deterioration, as well as a claim for use against the claimant to reimburse the expenses for the benefit and for the damage to the damage suffered As a result of the defects, things expire on the end of the year from the date of returning
TITLE XIX
Loan
Article 720. [ Loan Agreement] § 1. By the loan agreement, the loan undertakes to transfer to the recipient of a certain amount of money, or of things that are marked only for the species, and the recipient undertakes to return the same amount of money, or the same amount of money that is the same of the species and of the same quality.
§ 2. The loan agreement, the value of which exceeds one thousand zlotys, requires the preservation of the document form.
Article 721. [ Bad asset status of the borrower] The granting of the loan may waive the contract and refuse to issue the subject of the loan if the repayment of the loan is doubtful because of the bad assets of the other party. This entitlement shall not be entitled to a loan if, at the time of the conclusion of the contract of poor property, the other party knew or could easily find out.
Article 722. [ Expiration of the borrower's claim for the subject of the loan] The claim for the issue of the subject of the loan expires at the end of six months from the moment the item was to be issued.
Article 723. [ Term Loan Term] If the time limit for repayment of the loan is not marked, the debtor is required to return the loan within six weeks following the termination of the loan by the loan.
Article 724. [ Defect of a loan] If the goods received by the recipient have defects, the giving of the loan is obliged to make good the damage caused to the recipient by the fact that he had not informed him of the defects. This provision shall not apply in the event that the recipient is able to easily disadvantage.
TITLE XX
Bank Account Agreement
Article 725. [ Bank Account Agreement] Through the bank account agreement, the bank undertakes to hold the account holder, for a period of time marked or unmarked, to store its cash and, if the agreement so provides, to carry out its cash settlement.
Article 726. [ Rotation of cash] The bank may temporarily spin the free cash accumulated in the bank account with the obligation to reimburse them in whole or in part upon request, unless the agreement makes the obligation to repay the notice of notice.
Article 727. [ Request Execution Denied] The bank may refuse to execute a bank account holder's order only in the cases provided for in specific provisions.
Article 728. [ Receipt from account] § 1. In the contract concluded for an indefinite period, the bank is obliged to inform the account holder, as specified in the contract, of any change in the balance of the bank account.
§ 2. The Bank is obliged to send the holder at least once a month free of charge from the account information on changes in the balance of the account and the determination of the balance, unless the holder has expressed written consent to other means of informing about the state changes account and determination of the balance.
§ 3. The holder of a bank account shall be obliged to report to the bank a change in the balance of the account or balance within fourteen days from the date of receipt of the statement from the account.
Article 729. [ Obligations of the holder of a bank account] The holder of a bank account shall be obliged to notify the bank of any change of residence or place of establishment.
Art. 730. [ denunciation of the bank account agreement] The termination of a bank account agreement concluded for an indefinite period of time may be terminated at any time by any party's notice; however, the bank may terminate such an agreement only for valid reasons.
Article 731. [ Claims redress] Claims arising from a bank account shall be expired over the years two years. This does not apply to claims for repayment of savings deposits.
Article 732. [ Cooperative savings and credit unions] The provisions of this Title shall also apply mutatis mutandis to the accounts held by the savings-credit cooperative societies.
Article 733. [ Relation to provisions on monetary settlements] The provisions of this Title shall not repeal the provisions on monetary settlements.
TITLE XXI
Request
Article 734. [ Request Agreement] § 1. By an order contract, the receiving order undertakes to perform the specified legal action for the requested order.
§ 2. In the absence of a different contract, the contract shall be attached to the performance of the task on behalf of the requested order. This provision shall not prejudice the provisions of the form of a power of attorney.
Article 735. [ Remuneration of the receiving order] § 1. If neither the contract nor the circumstances stems from the fact that the accepting order has undertaken to carry out the contract without remuneration, remuneration shall be made for the execution of the order.
§ 2. If there is no valid tariff and no remuneration is agreed, the remuneration corresponding to the work carried out shall be paid.
Article 736. [ Professional execution of orders] Those who are professionally difficult to do for the other should, if they do not wish to receive the order, notify the requested order immediately. The same obligation of pregnancy on the person who has declared that the contract has been prepared to do a given type of activity.
Article 737. [ Change Order Execution] The accepting order may, without prior approval of the requested order, deviate from the method of execution of the order which it has indicated, if it is not possible to obtain its consent and there is a legitimate reason to believe that the contract giving rise to the contract is to be accepted by the person in question. to change, if he knew about the existing state of affairs.
Article 738. [ Entruning the execution of an order to a third party] § 1. The accepting order may entrust the execution of the order to a third party only if it arises from the contract or from the custom or when it is forced to do so by the circumstances. In such a case, it shall be notified immediately to the person concerned and the place of residence of his deputy, and in the event of notification he shall be responsible only for the lack of due diligence in the selection of the deputy.
§ 2. The Deputy shall be responsible for the execution of the order also in respect of the successful order. If the recipient is responsible for the duties of his deputy as for his own duties, his responsibility shall be jointly and severally liable.
Article 739. [ Accidental loss or damage to things] In the event that the receiving order has entrusted the execution of the order to another person without being entitled to do so, and the benefit of the successful order has been made in the execution of the loss or damage order, the accepting order shall also be responsible for the loss or accidental damage, unless one or the other would also occur if the order was performed by itself.
Article 740. [ Obligations of Host Order] The receiving order should give the requested information about the course of the case and, after the execution of the order, or after the termination of the contract, submit a report to the contract. He should give him everything he has done at the execution of his order, even for his own name.
Article 741. [ Use of items of the payer] The receiving order must not be used in the interests of the person and the money which gives the order. From the sums of money retained above the need for the execution of the order should be paid to the statutory interest.
Article 742. [ Reimbursement of the expenses of the Supplier and the exemption from obligations] The transferee should return the expenses which he has made for the purpose of the execution of the order, including the statutory interest; he should also release the receiving order from the obligations which he/she enlisted in the above objective. On behalf of
Article 743. [ Advance payment] If the execution of the order requires expenditure, the successful advance shall be given by the transferee at the request of the receiving request.
Article 744. [ Date of payment of remuneration] In the case of a paid order, the remuneration shall be payable only after the execution of the order, unless it is otherwise due to the contract or special provisions.
Art. 745. [ Solidarity to be responsible for joint order] If several persons have submitted or accepted the order jointly, their liability to the other party shall be jointly and severally liable.
Article 746. [ Termination of Order] § 1. A given order can tell them at all times. However, it should reimburse the recipient of the expenses which he has made for the purposes of the execution of the order; in the event of a paid order, he shall be obliged to pay the recipient a part of the remuneration corresponding to his previous duties, and if the denunciation occurred without a valid reason, it should also repair the damage.
§ 2. The receiving order may terminate them at any time. However, when the order is payable and the termination has taken place without a valid reason, the receiving order shall be responsible for the damage.
§ 3. You cannot waider the right to terminate the request for valid reasons.
Article 747. [ Death of the payer] In the absence of any other contract, the contract shall not be terminated either by the death of the contract or by the loss of its capacity for legal action. However, if, according to the contract, the contract has expired, the recipient of the contract should, in the event of a loss of the duties entrusted to him, continue to carry out the damage as long as the heir or the statutory representative in charge of the contract has not been established. will be able to order otherwise.
Article 748. [ Death of the Supplier] In the absence of a different contract, the contract shall be terminated either by the death of the receiving order or by the loss of its full capacity for legal acts.
Article 749. [ Order Termination] If the contract has expired, it shall nevertheless be deemed to exist for the benefit of the receiving order until it has become aware of the termination of the order.
Article 750. [ Application of the provisions on order to service contracts] Contracts for the provision of services which are not regulated by other provisions shall be governed by the provisions of the order.
Article 751. [ Claims redress] With the expiry of the two years the following shall expire:
(1) claims for remuneration for the activities and reimbursement of expenses incurred by persons who, continuously or in the field of activity of the undertaking, are subject to acts of a given nature; the same applies to advance claims for payments to these persons;
(2) claims for the maintenance, nurturing, upbringing or teaching if they are entitled to persons who are professionally involved in such activities or to persons who hold bets for that purpose.
TITLE XXII
Keeping someone else's business without an order
Article 752. [ Carrying someone else's case without order] Who, without an order, leads the case, should act for the benefit of the person whose case leads, and according to her probable will, and in the conduct of the case, he is obliged to exercise due diligence.
Article 753. [ Obligations leading to a case without an order] § 1. The investigator shall, as far as possible, inform the person concerned of the case without the order of order or, as appropriate, to expect orders or lead the case until the person concerned is able to take care of himself.
§ 2. From the task of their leading, the case should be brought to the account of the case and to give everything in the conduct of the case to the person whose cause he is pursuing. If he has acted in accordance with his duties, he may demand reimbursement of reasonable expenses and expenses, together with the statutory interest and exemption from the obligations he has entered in the course of the case.
Article 754. [ Driving someone else's business against will] Whoever guides the case against the will of the person to whom the case leads, shall not be liable to claim reimbursement of expenses and shall be responsible for the damage, unless the will of the person opposes the law or the principles of social coexistence.
Article 755. [ Unwarranted changes] If the investigator has made a change in the property of the person whose case he or she is pursuing, without the express need or advantage of that person or against the knowledge of his will, he shall be obliged to reinstate the previous state, and if it were not possible, to repair the damage. The outlays can take back as far as it can do without damaging things.
Article 756. [ Confirmation] The confirmation of the person to whom the case was conducted gives the case the consequences of the order.
Article 757. [ Rescuing someone else's good] Who, in order to reverse the dangers of another, saves his good, may require him to repay reasonable expenses, even if his action has no effect, and is responsible only for wilful or grossly negligent fault.
TITLE XXIII
Agency Agreement
Article 758. [ Agency Agreement] § 1. Under the agency contract, the host agent (agent) undertakes, in the field of the business of its business, to be intermediate, for remuneration, on the conclusion of contracts with customers for the purposes of which the undertaking is commissioned, or to the contract of the agent or to the to conclude them on its behalf.
§ 2. To conclude contracts on behalf of a given order and to receive statements for him, the agent shall be entitled only if he/she has the authority to do so.
Article 758 1 . [ Provision] § 1. If the manner of remuneration is not provided for in the contract, the commission shall be subject to commission.
§ 2. The commission is the salary, the amount of which depends on the number or value of the contracts concluded.
§ 3. If the amount of the commission is not defined in the contract, it shall be customarily adopted in the relationship of the type concerned, at the site of the activity of the agent, and in the event that the commission cannot be established in this way, the agent shall be a commission of an appropriate amount, taking into account all the circumstances directly related to the performance of the tasks to be carried out.
Article 758 2 . [ Contract Content Confirmation] Any party may require the other written confirmation of the content of the contract and the provisions amending or supplementing it. Renunciation of this entitlement is invalid.
Article 759. [ Agent Authority] In case of doubt, it shall be made that the agent is authorised to receive payment for the benefit which he satisfies for the payment order, and to receive the benefits for which he pays, as well as to receive notifications for the payment order concerning the defects and statements concerning the performance of the contract which he has concluded on behalf of the relevant order.
Art. 760. [ Obligation of Loyalty] Each party is obliged to maintain loyalty to the other.
Article 760 1 . [ Agent Responsibilities] § 1. In particular, the agent shall provide all relevant information for the purpose of the contract and to follow the instructions given in the circumstances to be followed and to take, as far as matters are concerned, the necessary steps to be taken. to protect the rights of the requested order.
§ 2. The provisions of a contract contrary to the content of § 1 are invalid.
Article 760 2 . [ Obligations to give orders] § 1. The requested order shall be to provide the agent with the documents and information needed for the proper performance of the contract.
The contracting authority shall, within a reasonable time, notify the agent of the acceptance or rejection of the proposal for a contract and of the failure to execute the contract at which the conclusion of the contract has been made by the agent or which he has entered into on behalf of the contract.
§ 3. A given order must be notified within a reasonable time of the agent that the number of contracts to be concluded or the value of their subject matter will be significantly lower than that which the agent would normally have expected.
§ 4. The provisions of the agreement contrary to the contents of § 1-3 are invalid.
Article 760 3 . [ Presumption of contract confirmation] In the event that an agent containing a contract on behalf of the relevant contract is not authorised or exceeds the scope of the contract, the contract shall be deemed to have been confirmed if the contract giving the contract immediately after the conclusion of the contract has not declared to the client that the contract is to be awarded without delay. the contract does not confirm.
Article 761. [ Request for commissions from contracts concluded during the duration of the agency contract] § 1. The agent may request commission from contracts concluded during the duration of the agency contract if it is concluded as a result of its activities or if they have been concluded with customers acquired by the agent previously for contracts of the same kind.
§ 2. If an agent has been granted exclusive rights in relation to a designated group of customers or a geographical area, and during the duration of the agency contract has been without the participation of the agent concluded with a customer agreement of that group or area, the agent may request commission from this agreement. A given order shall be required within a reasonable period of time to notify the agent of the conclusion of such an agreement.
Article 761 1 . [ Request for a commission from the contract concluded after the termination of the agency agreement] § 1. The agent may request commission from an agreement concluded after the termination of the agency contract if, on the fulfilment of the conditions of the art. 761-a proposal for a contract to give an order or an agent received from the client prior to the termination of the agency contract.
§ 2. The agent may request a commission from an agreement concluded after the termination of the agency contract, also when its conclusion was overwhelmingly as a result of its activity during the period of the agency contract, and at the same time within a reasonable time from its termination.
Article 761 2 . [ Division of commissions] The agent shall not be required to request the commission referred to in Article. 761 if this commission is to be carried out in accordance with art. 761 1 the previous agent, unless it is apparent from the circumstances that reasons of fairness speak for the division of commissions between the two agents.
Article 761 3 . [ Acquisition of commission rights] § 1. In the absence of any other provision of the agency contract, the agent acquires the right to commission from the moment when the contract is to be fulfilled by the customer, either in fact or in fact fulfilled by the client, or by the customer. However, the parties may not make an appointment that the agent acquires the right to commission later than at the time when the customer fulfilled the benefit or should have complied with it if the contract were to be satisfied by the person concerned.
§ 2. If the contract concluded between the contract and the client is to be executed, the agent acquires the right to commission as far as this contract is executed.
§ 3. A claim for payment of a commission shall become due on the last day of the month following the quarter in which the agent acquired the commission's right to commission. The less advantageous agreement for the agent is invalid.
Article 761 4 . [ Reimbursement of commissions] The agent shall not request commission where it is clear that the customer agreement will not be executed as a result of circumstances for which the contract is not liable, and if the commission has already been paid to the agent, it shall be refunded. The order of the agency contract less favourable to the agent is invalid.
Article 761 5 . [ Commission Data] § 1. The successful tenderer shall submit to the agent a declaration containing data on the commission due not later than the last day of the month following the quarter in which the agent acquired the right to commission. This statement shall indicate all data used as a basis for the calculation of the amount due. The order of the agency contract less favourable to the agent is invalid.
§ 2. The agent may request that the information needed to determine whether the amount of the commission due has been correctly calculated, in particular, may request extracts from the commercial books which give the order or request that the view and extract from the these books have been provided to the auditor selected by the parties. The order of the agency contract less favourable to the agent is invalid.
§ 3. In the event of failure to provide the agent with the information referred to in paragraph 2, the agent may request that the agent be made available by way of an action taken within six months of the date of notification of the request to the agent.
§ 4. In the event that the parties have not reached an agreement on the appointment of the statutory auditor referred to in paragraph 2, the agent may request, by way of an action taken within six months of the day on which the request is made, a request for inspection and inspection, an exit from the books by an expert designated by the court.
Article 761 6 . [ Application of provisions of the Law on commissions] The provisions of Article 4 761-761 5 where the commission constitutes a whole or a part of the remuneration, unless the parties have agreed to apply those provisions to a different type of remuneration.
Article 761 7 . [ Disclaimer] § 1. In the contract agreement concluded in writing, it may be stipulated that the agent responsible for the separate remuneration (commission del credere), to the agreed extent, is responsible for the execution of the obligation by the client. Unless otherwise provided by the contract, the agent shall be responsible for the customer's compliance with the benefit. In the event of failure to comply with the written form, an agency contract shall be made in favour of the disclaimer without this reservation.
§ 2. The liability of the agent may relate only to a designated contract or contract with a designated customer, the conclusion of which has been the subject of an indirect agreement or concluded on behalf of the person who is the subject of an order.
Article 762. [ Reimbursement of expenses] In the absence of any other provision of the contract, the agent may claim reimbursement of expenses related to the execution of the order only if they were reasonable and if their amount exceeds the usual measure in the data.
Article 763. [ Pledge Law] For the purposes of securing a claim for remuneration and for the reimbursement of expenses and advances granted to the agent, the agent shall be entitled to a statutory right of pledge and securities received in connection with the agency contract, on the basis of the contract of payment of the contract, As long as the subjects are in him or the person who is wielding them on his behalf, or as long as they can dispose of them by means of documents.
Article 764. [ The presumption of a contract for an indefinite period of time] A contract concluded for a period of time marked and executed by the parties after the expiry of the period for which it has been concluded shall be made for an indefinite period of time.
Article 764 1 . [ Termination of the Agreement] § 1. A contract concluded for an indeterminate period may be terminated for a month forward in the first year, two months forward in the second year, and three months forward in the third and subsequent years of the contract. Statutory notice periods may not be shortened.
§ 2. The statutory period of notice may be extended by extension, except that the time limit fixed for the contract may not be less than the time limit set for the agent. The extension of the term for the agent results in the same extension for the requested order.
§ 3. Unless otherwise provided for in the Agreement, the period of notice shall expire at the end of the calendar month.
§ 4. The provisions of paragraphs 1 to 3 shall apply to a contract concluded for a period of time marked and converted from the power of Article 1 to 3. 764 in a contract concluded for an indeterminate period. The period for which the contract has been entered into, shall be taken into account when the period of notice has been fixed.
Article 764 2 . [ Termination of the contract without the retention of time limits] § 1. The agency contract, even if it has been concluded for a marked period, may be terminated without notice due to the failure of one party to fulfil its obligations in whole or in a substantial part, and in the event of an emergency. circumstances.
§ 2. If the termination was made as a result of circumstances under the responsibility of the other party, it is obliged to make good the damage suffered by the outspoken following the termination of the contract.
Article 764 3 . [ Contract Resolution] § 1. After the termination of the agency contract, the agent may request a countervailable benefit if, during the course of the agency contract, he has acquired new customers or has led to a significant increase in turnover with the existing clients and the contract which is the subject of an order draw still significant benefits from agreements with these customers. This claim shall be granted to the agent if, taking into account all the circumstances, and in particular the loss by the commission of a commission from the contracts concluded by the successful tenderer with those clients, the reasons for the right shall be taken.
§ 2. The compensatory measure may not exceed the amount of the agent's remuneration for one year, calculated on the basis of the average annual salary obtained in the last five years. If the agency contract has lasted for less than five years, this remuneration shall be calculated taking account of the average over the whole period of its duration.
§ 3. Obtaining a countervailable benefit does not deprive the agent of the possibility of pursuing damages on a general basis.
§ 4. In the event of the death of the agent, the compensatory allowance referred to in paragraph 1 may be requested by the heir.
§ 5. The possibility of an investigation of a claim for a compensatory allowance depends on the notification by the agent or his heirs of the relevant request to the giving order before the end of the year from the termination of the contract.
Article 764 4 . [ Exclusion of a compensatory benefit] A countervailable benefit shall not be granted to an agent if:
1) the successful contract has terminated the contract as a result of the circumstances under which the agent is responsible, justifying termination of the contract without notice of termination;
2) the agent has terminated the contract, unless the denunciation is justified by the circumstances for which the corresponding order is responsible, or is justified by age, disability or disease of the agent, and the reasons of equity do not allow to demand from it further Agent task execution
3) the agent with the consent of the giving order transferred to another person his rights and obligations arising from the contract.
Article 764 5 . [ Prohibition of different provisions of the Act] Until the termination of the contract, the parties may not make an appointment in such a way as to disadvantage the agent from the provisions of the Article. 764 3 and art. 764 4 .
Article 764 6 . [ Limitation of competitive activities] § 1. The parties may, in written form under the action of invalidity, limit the activities of the agent in a competitive nature for the period after the termination of the agency contract (restriction of competitive activity). The restriction shall be valid if it concerns a group of customers or a geographical area covered by the activities of the agent, and the type of goods or services covered by the contract.
§ 2. Restriction of competitive activities may not be reserved for a period longer than two years from termination of the contract.
§ 3. The successful tenderer shall be obliged to pay the agent the appropriate amount of money for the limitation of the competitive activity during his or her duration, unless otherwise provided for in the contract or that the agency contract has been terminated as a result of the circumstances, which agent is responsible.
§ 4. If the amount referred to in § 3 has not been defined in the contract, the amount shall be the sum appropriate to the advantage achieved by the successful order as a result of the limitation of the competitive activity and the lost reasons for that contract. the earning capacity of the agent
Article 764 7 . [ Restriction Reference] The successful tenderer may, until the date of termination of the contract, cancel the restriction of any competitive activity with such effect that, six months after the appeal, he shall be exempt from the obligation to pay the sum referred to in Article 3. 764 6 § 3 and 4. The cancellation of a restriction of competitive activities requires the written form under the rigorous of invalidity
Article 764 8 . [ Exemption from the obligation to respect the restriction] If the agent has contracted the contract as a result of the circumstances under which the contract is liable, he or she may waive the obligation to comply with the restriction of the competitive activity by submitting a written declaration to the requested agent. before the end of the month of notice.
Article 764 9 . [ Application of the provisions relating to the agency contract] To the agreement of the content referred to in art. 758 § 1, concluded with the agent by a non-entrepreneur, the provisions of this Title shall apply, excluding art. 761-761 2 , art. 761 5 and Art. 764 3 -764 8 .
TITLE XXIV
Commission Agreement
Art. 765. [ Commission Agreement] By the contract of the commissioner, the commissioner shall undertake to pay (commission) the remuneration (commission) of his undertaking to buy or sell movable assets to the account of the commission (the committee), but on his own behalf.
Article 766. [ Obligations of the commissioner] The Commission should issue to the Committee all the orders it has received on the execution of the order, in particular the claims it has acquired on its behalf. Those powers of the committee shall also be effective in respect of the creditors of the commissioner.
Article 767. [ Additional benefit of the committee] Where the commissioner has entered into an agreement under conditions which are more favourable than the conditions laid down by the committee, the benefit conferred on the committee shall be that of the committee.
Art. 768. [ Terms and conditions less favourable than in the contract] § 1. If the commissionant has sold it to the sale for a price lower than the price to be determined by the committee, the difference shall be paid to the committee.
(2) If the committee has acquired a price higher than the price determined by the committee, the committee may, as soon as it has received notification of the execution of the order, declare that it does not consider the action to be carried out on its behalf; no such statement is unambiguous with the expression of consent at a higher price.
§ 3. The Committee may not demand payment of the price difference or refuse to accept a higher price if the contract could not be executed at a price marked and the conclusion of the contract has passed the injury to the committee.
Article 769. [ The thing exposed to corruption] § 1. If it is exposed to corruption and cannot wait for the committee to be ordered, the commissioner shall be entitled, and where the committee's interest requires, he shall sell the matter with due diligence. The sale shall be notified immediately to the committee.
(2) If the committee has committed a delay with the receipt of the goods, the provisions on the effects of the purchaser on receipt of the goods sold shall be applied mutatis mutandis.
Article 770. [ Gloves for the defects of things] § 1. The Commissioner shall not be held liable for the hidden physical defects of things, as well as for its legal defects, if prior to the conclusion of the contract it gave it to the buyer's message. However, the exclusion of liability does not concern the disadvantages of things that the Commissioner knew or could easily find out.
§ 2. The provision of § 1 shall not apply if the buyer is a consumer.
Article 771. [ Credit or advance payment of the commissioner] A commissioner who, without the authority of the committee, has granted a third party to a credit or an advance shall act at his own risk.
Article 772. [ Provision] § 1. The Commission shall acquire a claim for payment of a commission as soon as the Committee has received the benefit or the price. If the contract is to be executed, the commissionant shall acquire a claim for commission as the contract is executed.
§ 2. The Commission may request commissions also if the contract has not been executed for reasons relating to the committee.
Article 773. [ Pledge Law] § 1. For the purposes of securing claims for a commission and for claims for reimbursement of expenses and advances to be granted to the Committee, and for the security of any other claim arising from the commission's orders, the law of the pledge shall be entitled to a statutory right of pledge which are the subject of a commission, as long as these things are at the place of the commission or the person who is holding them on his behalf, or as long as they can dispose of them by means of documents.
§ 2. The claims may be satisfied from the claims acquired by the commissioner on behalf of the committee, with priority over the creditors of the committee.
§ 3. (repealed)
TITLE XXV
Contract of carriage
SECTION I
General provisions
Article 774. [ Contract of carriage] By the contract of carriage, the carrier undertakes in respect of the activities of its undertaking to be carried for the remuneration of persons or goods.
Article 775. [ Application of provisions of the Act] The provisions of this Title shall apply to carriage for each type of transport only in so far as such carriage is not regulated by separate provisions.
SECTION II
Carriage of persons
Article 776. [ Conditions of carriage of persons] The carrier shall be obliged to provide travellers corresponding to the type of transport of the conditions of safety and hygiene and of such comforts as are considered necessary by means of transport.
Article 777. [ Responsibility for luggage] § 1. The carrier shall be liable only if the damage resulted from the intentional or gross negligence of the carrier, for the luggage which he carries with him.
§ 2. For the luggage entrusted to the carrier, the carrier shall be liable according to the rules prescribed for the carriage of goods.
Article 778. [ Claims redress] The claims from the contract of carriage of persons are due on the expiry of the year from the day of execution of the carriage, and when the carriage has not been carried out-from the day when it was to be carried out.
SECTION III
Carriage of goods
Article 779. [ Dispatcher Data] The consignor should give the carrier his address and the address of the consignee, the place of destination, the identification of the consignment by type, quantity and manner of packaging, as well as the value of the goods in particular price.
Article 780. [ consignment note] § 1. At the request of the transporter, the consignor should issue a waybill containing the particulars mentioned in the preceding article and any other relevant provisions of the contract. The consignor shall bear the effects of an inaccurate or untrue statement.
§ 2. The dispatch may require the carrier to issue him a copy of the waybill or another certificate of acceptance of the consignment for carriage.
Article 781. [ Not applicable consignment status] § 1. If the external condition of the consignment or its packaging is not suitable for the type of carriage concerned, the carrier may require the consignor to make a written declaration as to the condition of the consignment and, in the event of gross deficiencies, be refused carriage.
§ 2. If the carrier accepts a consignment without reservation, it shall be presumed to have been in due state.
Art. 782. [ Issuance of necessary documents to the carrier] The consignor should give the carrier all the documents needed for customs, tax and administrative provisions.
Art. 783. [ Withdrawal from contract] Where the commencingor carriage of a temporary obstacle to a temporary obstacle as a result of the circumstances of the carrier, the consignor may withdraw from the contract, it should, however, give the carrier an appropriate remuneration for the part of the carriage effected within that limit, what at the cost of carriage spared. This does not preclude a claim for remediation if the obstacle was a consequence of the circumstances for which the carrier is responsible.
Article 784. [ Notification of arrival of the consignment] The carrier shall notify the consignee immediately of the arrival of the consignment at its destination.
Article 785. [ Receipt of shipment] Upon arrival of the consignment at destination, the consignee may, on his own behalf, exercise any rights under the contract of carriage and may, in particular, request the delivery of the consignment and the consignment note, if he/she carries out the obligations arising from the this agreement.
Article 786. [ Payment of receivables] By accepting the consignment and the consignment note, the consignee commits to the payment of the carrier's receivables in the transport list.
Article 787. [ Receipt of consignment] § 1. If the consignee refuses to accept the consignment, or if, for other reasons, he cannot be served on the consignment, the carrier shall immediately inform the consignor. If the consignor does not provide guidance in good time, the carrier shall surrender the consignment for storage or otherwise secure it by notifying the consignor and the consignee.
§ 2. If the consignment is exposed to corruption, or if its storage requires costs for which it is not covered, the carrier may sell it under the appropriate application of the provisions on the effects of the purchaser's delay with the receipt of the goods sold.
Art. 788. [ Carrier Liability] § 1. Compensation for loss, loss or damage to the consignment at the time of its acceptance for carriage until the consignee is issued shall not exceed the normal value of the consignment, unless the damage resulted from the fault of intentional or gross negligence of the carrier.
§ 2. The carrier shall not be liable for any loss not exceeding the limits set by the relevant provisions, and in the absence of such provisions-limits customarily adopted (natural abusive).
§ 3. For loss, loss, or damage to money, valuables, securities or goods of a particular price, the carrier shall be liable only if the properties of the consignment were given at the conclusion of the contract, unless the damage resulted from the fault of the carrier's deliberate or gross negligence.
Art. 789. [ Surrender to further haulier] § 1. The carrier may transfer the consignment to another carrier for the entire transport space or part thereof, but shall be liable for the operations of further carriers as for its own operations.
(2) Any carrier who accepts a consignment on the basis of the same consignment note shall be jointly and severally liable for the entire carriage according to the content of the letter.
§ 3. The carrier who has paid compensation for his entire carriage of responsibility for the entire carriage shall have a repayable claim to the carrier which is liable for the circumstances in which the damage resulted. Where these circumstances cannot be determined, all carriers shall be liable to the liability of the air carrier. There is a carrier free of responsibility, which proves that the damage was not created in the space it was carrying.
Article 790. [ Pledge Law] § 1. In order to secure the claims resulting from the contract of carriage, in particular: transportable, warehouses, customs duties and other expenses, as well as for the security of such claims entitled to the previous shippers and carriers, shall be entitled to a statutory lien on the consignment, as long as the consignment is in the consignment or in the person who is holding it on its behalf, or as long as it can dispose of it by means of documents.
§ 2. (repealed)
Art. 791. [ Claims against Carrier] § 1. As a result of the payment of the carrier's receivables and acceptance of the consignment without reservation, any claim against the carrier resulting from the contract of carriage However, this shall not apply to any claims for non-visible damage to the consignment, if the consignee has notified the carrier during the week from the time of acceptance of the consignment.
§ 2. The above provision shall not apply where the damage resulted from the fault of intentional or gross negligence of the carrier.
Art. 792. [ Claims redress] The claims from the contract of carriage of goods shall expire on the expiry of the year from the date of delivery of the consignment, and in the event of the total loss of the consignment or its delivery with delay-from the day when the consignment was to be delivered.
Article 793. [ Rectification of Regression Claims] Claims to the carrier against other carriers which have participated in the transport of the consignment shall be subject to the expiry of a period of six months from the date on which the carrier repaired the damage, or from the date on which it was brought against it. Action.
TITLE XXVI
Freight forwarding contract
Article 794. [ forwarding agreement] § 1. By the freight forwarding contract the freight forwarder undertakes to pay for the business of his company to send or receive the consignment or to make other services related to its transport.
§ 2. The freight forwarder may perform on his own behalf or on behalf of the commissioner.
Article 795. [ Application of provisions concerning the forwarding contract] The provisions of this Title shall apply only as long as it is not governed by separate provisions.
Article 796. [ Application of Order Regulations] Where the provisions of the title of this or specific provisions do not provide otherwise, the provisions on the contract shall apply mutatis mutandis to the contract of forwarding.
Article 797. [ Obligations of the freight forwarder] The freight forwarder is obliged to take the steps needed to obtain the reimbursement of unduly collected sums from the carrier, customs duties and other charges related to the carriage of the consignment.
Art. 798. [ Protection of the rights of the payer] The freight forwarder is required to take the steps required to secure the rights of the commissioner or of the person who is indicated to the carrier or other forwarder.
Article 799. [ Responsibility of the freight forwarder for contractors] The freight forwarder is responsible for the carriers and further shippers which he/she uses at the execution of the order, unless he is not to blame in the selection.
Article 800. [ forwarder as carrier] The freight forwarder can carry on himself. In this case, the freight forwarder has the rights and obligations of the carrier simultaneously.
Article 801. [ Forwarder Liability] § 1. Compensation for loss, loss or damage to the consignment in the course of time from its acceptance to the carrier, to the further shippers to the carrier or to the person indicated by him, shall not exceed the normal value of the consignment, unless the damage is caused to the carrier. resulted from the fault of intentional or gross negligence of the freight forwarder.
§ 2. The freight forwarder shall not be liable for any loss not exceeding the limits set by the relevant provisions, and in the absence of such provisions-limits customarily adopted.
§ 3. For loss, loss, or damage to money, valuables, securities or items of particularly valuable freight forwarder shall be liable only if the properties of the consignment were given at the conclusion of the contract, unless the damage resulted from the fault of deliberate or gross negligence of the freight forwarder.
Article 802. [ Pledge Law] § 1. For securing claims for carriers and claims for commission, reimbursement of expenses and other claims arising from forwarding orders, as well as for securing such claims from previous shippers and carriers, shall be entitled to the statutory legal right of a pledge on a consignment until a consignment is in it or in the person who is holding it on its behalf or as long as it can dispose of it by means of documents.
§ 2. (repealed)
Article 803. [ Claims redress] § 1. Claims from the freight forwarding contract expire on the end of the year.
§ 2. The limitation period begins to run: in the case of damage claims or loss of the consignment-from the date of delivery of the consignment; in the case of total loss of the consignment or its delivery with delay-from the date on which the consignment was to be delivered; in all other cases, from the day of execution of the order.
Article 804. [ Rectification of Regression Claims] The claims granted to the freight forwarder against the carriers and the further shippers which he has used for the transport of the consignment shall expire within six months of the date on which the freight forwarder repaired the damage, or from the day on which the damage was carried out. against it. This provision shall apply mutatis mutandis to those claims between persons whom the freight forwarder has used when transporting the consignment.
TITLE XXVII
Insurance Contract
SECTION I
General provisions
Article 805. [ Insurance Agreement] § 1. Under the insurance contract, the insurer undertakes, in respect of the activity of his company, to fulfil a certain benefit in the event of an accident provided for in the contract of accident and the policyholder undertakes to pay the premium.
§ 2. The insurance of the insurer is, in particular, on the payment of:
1) in property insurance-specified compensation for damage resulting from the contract provided for in the accident contract;
2) for personal insurance-an agreed sum of money, a pension or another benefit in the event of an accident in the life of an insured person.
§ 3. The pension of the insurance contract does not apply to the provisions of the Code of this rendition.
§ 4. The provisions of Article 4 385 1 -385 3 apply mutatis mutandis where the policyholder is a natural person with a contract directly related to his or her economic or professional activity.
Article 806. [ Invalidity and ineffectiveness of the insurance contract] § 1. The insurance contract is not valid if the accident contract is not possible.
§ 2. The term of the contract is ineffective if, at the time of conclusion of the contract, either of the parties knew, or with due diligence, that the accident took place or that the possibility of the contract had been eliminated, his estuary in that period.
Article 807. [ Relation of general insurance conditions to the provisions of the Act] § 1. The provisions of the general terms of insurance or the provisions of an insurance contract contrary to the provisions of this Title shall be null and void unless exceptions are provided for by further provisions
§ 2. (repealed)
Article 808. [ Insurance for a third party] § 1. The insurer may conclude an insurance contract for the benefit of the account. The insured person may not be named in the contract, unless it is necessary to determine the subject of the insurance.
§ 2. The payment of the premium shall be entitled to the insurer only against the policyholder. An allegation affecting the liability of the insurer may also be raised against the policyholder.
§ 3. The insured person shall be entitled to claim the benefit of the benefit directly from the insurer, unless the parties have agreed otherwise; however, such an arrangement may not be made if the accident has already gone.
§ 4. The insured person may require the insurer to provide him with information on the provisions of the contract concluded and the general conditions of insurance in so far as it relates to the rights and obligations of the insured person.
§ 5. If the insurance contract does not relate directly to the business or professional activity of the insured person, art. 385 1 -385 3 shall apply mutatis mutandis to the extent to which the contract relates to the rights and obligations of the insured person.
Article 809. [ Insurance document] § 1. The insurer is obliged to confirm the conclusion of the contract of insurance document.
§ 2. Subject to the exception provided for in Article 811, in case of doubt, the contract shall be deemed to have been concluded when the insurance document is served on the policyholder.
Article 811. [ Opposition to the provisions contained in the insurance document] § 1. If, in response to a complex offer, the insurer delivers an insurance document containing provisions which depart to the inbenefit of the policyholder from the content of his tender, the insurer is obliged to reimburse the insurer in writing for the service of the document, giving him at least a 7-day deadline to raise objections. In the event of failure to perform this obligation, the changes made to the insurer's disadvantage are not effective and the contract is concluded in accordance with the terms of the offer.
§ 2. In the absence of opposition, the agreement shall take effect in accordance with the content of the insurance document the following day after expiry of the time limit set for the objection
Article 812. [ General Terms of Insurance] § 1. (repealed)
§ 2. (repealed)
§ 3. (repealed)
§ 4. If the insurance contract is concluded for a period of more than 6 months, the policyholder shall have the right to withdraw from the insurance contract within 30 days, and in the case where the policyholder is an entrepreneur-within 7 days from the day of conclusion of the contract. If at the latest at the time of conclusion of the contract, the insurer did not inform the policyholder being the consumer of the right of withdrawal from the contract, the period of 30 days shall run from the date on which the consumer's policy holder became aware of the law. Withdrawal from the insurance contract does not exempt the policyholder from paying the premium for the period in which the insurer has provided insurance cover.
§ 5. If the contract is concluded for a specified period of time, the insurer may terminate it only in the cases indicated in the Act, and also for valid reasons as specified in the contract or general insurance conditions.
§ 6. (repealed)
§ 7. (repealed)
§ 8. The difference between the content of the contract and the general terms of insurance of the insurer is obliged to present to the policyholder in writing prior to the conclusion of the contract. In the event of failure to comply with this obligation, the insurer may not rely on the difference to the policyholder's disadvantage. The provision shall not apply to insurance contracts concluded in the course of negotiations.
§ 9. The provisions of paragraphs 5 and 8 shall apply mutatis mutandis in the event of a change in the general conditions of insurance during the course of the contractual relationship. This does not prejudice the application of the provision in that case. 384 1 .
Article 813. [ Contributions] § 1. The contribution shall be calculated for the duration of the liability of the insurer. In the event of an expiry of the insurance relationship before the end of the period for which the contract has been concluded, the policyholder shall be entitled to reimbursement of the premium for the period of unused insurance cover.
§ 2. Unless otherwise agreed, the contribution should be paid simultaneously with the conclusion of the insurance contract, and if the contract has come to effect before service of the insurance document-within fourteen days of its service.
Article 814. [ Insurer's Start of Liability] § 1. Unless otherwise agreed, the liability of the insurer shall start from the day following the conclusion of the contract, but not earlier than the day following the payment of the premium or its first instalment.
§ 2. If the insurer is liable even before the payment of the premium or its first instalment, and the contribution or its first instalment has not been paid within the time limit, the insurer may terminate the contract with immediate effect and demand the payment of the premium for the period during which the liability was incurred. In the absence of denunciation of the contract, it shall expire at the end of the period for which the unpaid contribution has been made.
§ 3. In the event of the payment of the premium in instalments, the insurer may, at the time of the next instalment, result in the insurer's liability, only if such a result is provided for by the contract or general terms of insurance and the insurer has expired. the deadline has called for the policyholder to pay with the threat that the lack of payment within 7 days from the date of receipt of the call will result in the cessation of liability.
Article 815. [ Circumstances disclosed in the form] § 1. The insurer is obliged to provide the insurer with all known circumstances for which the insurer has polled in the tender form or before the conclusion of the contract in other writings. If the policyholder contains an agreement by a representative, the obligation shall also be bound by the obligation to the representative and shall also include the circumstances known to him. In the event of an insurance contract being concluded by the insurer despite the lack of response to the individual questions, the missed circumstances shall be considered to be irrelevant.
§ 2. If, in the contract of insurance, it is reserved that during its duration the changes of circumstances listed in the preceding paragraph must be notified, the policyholder is obliged to notify those changes to the insurer immediately upon receipt of the These messages. This provision shall not apply to life insurance.
§ 2 1 In the event of the conclusion of the insurance contract, the obligations laid down in the preceding paragraphs shall be borne by both the policyholder and the insured, unless the insured person is unaware of the conclusion of the contract for his or her account.
§ 3. The insurer shall not be liable for the effects of circumstances which, in violation of the preceding paragraphs, have not been given to his or her message. Where the infringement has been committed intentionally, in the event of doubt, it shall be presumed that the contract and the consequences of the contract are the result of the circumstances referred to in the preceding sentence.
Article 816. [ Increased probability of an accident] In the event of disclosures, which entails a significant change in the likelihood of an accident, each party may request an appropriate change in the amount of the contribution, starting from the time when the situation was taken, but not earlier than the beginning of the the current period of insurance. In the event of such a request, the other party may terminate the contract within 14 days with immediate effect. This provision shall not apply to life insurance.
Article 817. [ Maturity of the benefit] § 1. The insurer is obliged to fulfil the benefit within thirty days from the date of receipt of the notification of the accident.
§ 2. If the explanation in the above date of the circumstances necessary to determine the liability of the insurer or the amount of the benefit proved to be impossible, the benefit should be met within 14 days from the day on which, with the conduct of due diligence to the clarification of these circumstances was possible. However, the indisputed part of the benefit shall be met within the time limit laid down in paragraph 1.
§ 3. The insurance contract or the general terms of insurance may include provisions which are more favourable to the right of entitlement than those specified in the preceding paragraphs.
Article 818. [ accident information] § 1. The insurance contract or general terms of insurance may provide that the policyholder is obliged to notify the insurer about the accident within a specified time limit.
§ 2. In the event of the conclusion of an insurance contract for the benefit of the account, the obligation in the preceding paragraph may be charged to both the policyholder and the insured person, unless the insured person does not know of the conclusion of the contract for his account.
§ 3. In the event of a breach of the intentional or gross negligence of the obligations set out in paragraphs preceding the insurer, the benefit may be reduced accordingly if the infringement has contributed to the increase in damage or has prevented the damage from being the insurer to determine the circumstances and effects of the accident.
§ 4. The effect of the non-notification of the insurer of the accident shall not be followed if the insurer within the time limit set for the notice received a message of the circumstances which had to be reported to his or her message.
Article 819. [ Claims redress] § 1. Claims from the insurance contract expire on the expiry of the three years.
§ 2. (repealed)
§ 3. In the case of a civil liability insurance, the claim of the victim to the insurer for compensation or redress shall expire on the expiry of the period prescribed for that claim in the law on liability for the damage caused an unauthorised or non-performance or non-execution of an obligation.
§ 4. The limitation period for a claim for a benefit to the insurer shall also be interrupted by the notification to the insurer of that claim or by the notification of an insured event. The limitation period shall commence anew from the date on which the claimant or event has received in writing a statement by the insurer of the grant or refusal of the benefit.
Article 820. [ Maritime insurance and reinsurance] The provisions of this Title shall not apply to maritime insurance and to indirect insurance (reinsurance).
SECTION II
Property insurance
Article 821. [ Insurance against property] The subject of property insurance may be any property interest which is not contrary to the law and is given an appreciation in the money.
Article 822. [ Civil Liability Agreement] § 1. Under the civil liability insurance contract, the insurer undertakes to pay the compensation specified in the contract for damage caused to third parties, against whom the liability for the damage is borne by the policyholder or insured.
§ 2. If the parties have not agreed otherwise, the civil liability insurance contract shall cover the damage referred to in § 1, which is the consequence of the event provided for in the contract, which took place during the insurance period.
§ 3. The parties may decide that the contract will include damages arising, disclosed or reported during the period of insurance.
§ 4. Entitled to compensation in connection with an event covered by a civil liability insurance contract may claim a claim directly from the insurer.
§ 5. The insurer shall not, against the right to compensation, raise a plea of breach of the obligations arising from the contract or general conditions of insurance by the policyholder or the insured person, if that is the case after the accident.
Article 823. [ Transfer of the right of insurance contract] § 1. In case of divestment of the subject of insurance, the rights of the insurance contract may be transferred to the purchaser of the insurance subject The transfer of these rights requires the consent of the insurer, unless the insurance contract or general terms of insurance provide otherwise.
§ 2. In the event of the transfer of the rights referred to in § 1, the purchaser of the subject shall also be subject to obligations which have been incumbered by the seller, unless the parties with the consent of the insurer have agreed otherwise. Despite this transition, the transferee shall be jointly and severally liable with the purchaser for the payment of the premium for the time until the transfer of the subject of the insurance to the purchaser.
§ 3. If the rights referred to in § 1 have not been transferred to the purchaser of the subject of insurance, the insurance relationship shall expire on the passage of the subject of insurance to the purchaser.
§ 4. The provisions of paragraphs 1 to 3 shall not apply to the transfer of claims which have arisen or may arise as a result of the incident provided for in the accident contract.
Article 824. [ Limits of the liability of the insurer] § 1. If you have not agreed otherwise, the sum of the insurance set in the contract is the upper limit of the liability of the insurer.
§ 2. If, after the conclusion of the contract, the value of the insured property has decreased, the policyholder may demand a corresponding reduction in the sum of the insurance. A reduction in the amount of insurance may also, for the same reason, make a one-sided insurer by notifying the policyholder at the same time.
§ 3. A reduction in the amount of insurance entails a corresponding reduction in the premium from the first day of the month in which the policyholder has requested a reduction in the sum of the insurance or in which the insurer has notified the policyholder of the a unilateral reduction of that sum.
Article 824 1 . [ Compensation amount] § 1. Unless agreed otherwise, the sum of the cash paid by the insurer for insurance may not be higher than the damage suffered.
§ 2. If the same subject of insurance at the same time is insured from the same risk in two or more insurers on the sums, which together exceed its insurance value, the policyholder may not demand a benefit the amount of the damage. Between insurers, each of them shall be liable in the same proportion as the sum of insurance accepted by the insurer remains in the total sum arising from double or multiple insurance.
§ 3. If, in any of the insurance contracts referred to in Paragraph 2, it was agreed that the sum paid by the insurer for insurance may be higher than the damage suffered, the payment of the benefit in the part transferring the amount of the insurer's damage may request only from this insurer. In such a case, for the determination of liability between insurers, it should be assumed that in the insurance referred to in this paragraph, the sum of the insurance is equal to the insurance value.
Article 826. [ Obligations of the policyholder in the event of an accident] § 1. In the event of an accident, the policyholder is obliged to use the means available to him to save the subject of the insurance and to prevent or reduce the damage to the damage.
The insurance contract or general terms of insurance may provide that, in the event of an accident, the policyholder is obliged to secure the possibility of redress claims against those responsible for the damage.
§ 3. If the insurer intentionally or by gross negligence has not applied the measures referred to in § 1, the insurer shall be free of liability for any damages arising out of that reason.
§ 4. The insurer shall be obliged, within the limits of the sum of the insurance, to repay the costs arising out of the application of the measures referred to in paragraph 1 where those measures have been intentional, even if they have proved to be ineffective. The contract or the general terms of insurance may include provisions which are more favourable to the policyholder.
§ 5. In the event of insurance, the provisions of the preceding paragraphs shall also apply to the insured person.
Article 827. [ Exempt insurer from liability] § 1. The insurer shall be free of liability if the insurer has caused damage intentionally; in the event of gross negligence the compensation shall not be made, unless the contract or general terms of insurance constitute otherwise or payment of compensation corresponds to the circumstances in the circumstances of the due consideration.
§ 2. In the insurance of civil liability, other rules of liability of the insurer may be established than those referred to in § 1.
§ 3. If you have not agreed otherwise, the insurer shall not be liable for damage caused intentionally by the person with whom the insurer stays in the common household.
§ 4. In the event of the conclusion of the insurance contract for the benefit of the account, the principles set out in the preceding paragraphs shall apply mutatis mutandis to the insured person.
Article 828. [ Transition of claims to plant] § 1. If you have not agreed otherwise, on the day of payment of compensation by the insurer, the claim of the policyholder against the third party responsible for the damage shall pass by virtue of the right to the insurer to the amount of the compensation paid. If the undertaking has covered only a part of the damage, the policyholder shall have the remaining part of the claim in preference to the insurer's claim.
§ 2. They shall not pass on the insurer of the insurer's claim against persons with whom the policyholder remains in the joint household, unless the perpetrator has done the damage intentionally.
§ 3. The rules resulting from the preceding paragraphs shall apply mutatis mutandis in the event of the conclusion of the contract for the benefit of the account.
SECTION III
Personal insurance
Article 829. [ Personal insurance] § 1. In particular, personal insurance may concern:
1) in life insurance-the death of the insured person or the life of the marked age;
2) with the insurance of the consequences of accidents-injury of the body, the distribution of health or death as a result of an unfortunate accident.
§ 2. In the life insurance contract concluded for the benefit of the insurer, the insurer's liability shall start no earlier than the following day after the insured person has declared to the party indicated in the contract that he wishes to avail himself of the reservation on his behalf insurance cover. The statement should also cover the amount of the insurance. A change of contract to the disadvantage of the insured person or the person entitled to receive the sum of insurance in the event of death of the insured person requires the consent of the insured person.
Art. 830. [ Termination of the contract by the policyholder] § 1. In the case of personal insurance, the policyholder may terminate the contract at any time within the time limit laid down in the contract or general terms of insurance and, failing that, with immediate effect.
§ 2. In the absence of a disparate reservation, the contract shall be deemed to have been terminated by the policyholder, if the contribution or its instalment has not been paid within the time limit laid down in the contract or the general terms of insurance despite the prior call for payment in the the additional time limit laid down in the general terms and conditions of the insurance; in the letter of notice, the effects of the non-payment of the premium should be notified.
§ 3. The insurer may terminate the life insurance contract only in the cases indicated in the Act.
§ 4. Provisions § 3 and Art. 812 § 8 shall apply mutatis mutandis in the event of a change in the general terms and conditions of life insurance during the contractual relationship. This does not prejudice the application of the provision in that case. 384 1 .
Art. 831. [ Persons Entitled to receive the sum of insurance] § 1. The policyholder may indicate one or more persons entitled to receive the sum of insurance in the event of the death of the insured person; he may also enter into an insurance contract for the bearer. The policyholder can either change or cancel any of these reservations at any time.
§ 1 1 ) In the event of the conclusion of the insurance contract for the benefit of the entitlement referred to in the preceding paragraph, the insured person's consent shall be required; the contract or general conditions of insurance may provide that the rights of the person concerned shall be the insured person can perform on his own.
§ 2. If several persons entitled to receive the sum of the insurance are indicated, and the participation of each of them in this sum has not been determined, their shares shall be equal.
§ 3. The amount of insurance that does not belong to the crop is not to be reduced after the insured person.
Article 832. [ Provisions for the event of death] § 1. An indication entitled to a sum of insurance shall become ineffective if the person entitled has died before the insured person's death or if he deliberately contributed to his death.
§ 2. If, at the time of death of the insured person, there is no person entitled to receive the sum of insurance, that sum falls to the nearest family of the insured in the order established in the general conditions of insurance, unless otherwise specified.
Article 833. [ Suicide of the insured] In the event of a suicide insurance, the insurer does not exempt the insurer from the obligation to provide if the suicide took place after the expiry of the period of two years from the conclusion of the insurance contract. The contract or general terms of insurance may shorten this term, but not more than up to six months.
Art. 834. [ Allegations of untrue information] If the accident occurred after the expiry of the period of three years from the conclusion of the life insurance contract, the insurer shall not be able to raise the claim that untrue messages have been notified when the contract is concluded, in particular that the insured person's illness has been conceeded. The contract or general terms of insurance may shorten the term above.
TITLE XXVIII
Store
Article 835. [ Contract of storage] By contract, the conservator undertakes to maintain the undeteriorated moveable item for the safeloing.
Article 836. [ Remuneration for safing] If the level of remuneration for storage is not specified in the contract or tariff, the remuneration shall be paid in the relations concerned, unless it is apparent from the contract or from the circumstances that it has undertaken to store the benefit without remuneration.
Art. 837. [ Way Of Storing Things] The conservative should store the item in the way that he has committed, and in the absence of the agreement in this respect, in such a way as is due to the characteristics of the goods stored and the circumstances.
Article 838. [ Protecting things against loss or damage] The conservative is entitled, and even obliged to change the place specified in the contract and the way of storage of things, if it proves necessary for her protection against loss or damage. If prior approval of the applicant is possible, the conservator should obtain it before the change is made.
Article 839. [ Prohibition of use of goods] Trainers shall not use items without the consent of the storer, unless it is necessary for its behaviour in a non-deteriorated state.
Article 840. [ Dealing stuff to store another person] § 1. The conservator cannot hand over things to another person unless he is forced to do so by the circumstances. In such a case, it shall be notified immediately to the applicant where and to whom he has lodged, and in the event of a notification, he shall be responsible only for the lack of due diligence in the selection of the deputy.
§ 2. The Deputy shall also be responsible for the storer. If the conservator is responsible for the duties of his deputy as for his own duties, his responsibility shall be in solidarity.
Article 841. [ Responsibility for accidental loss or damage to things] If the conservative, without the consent of the applicant and without the necessary need, uses things or changes the place or manner of its storage, or if it gives the item to another person, he/she is responsible also for the accidental loss or damage to things that would not otherwise have occurred.
Article 842. [ Reimbursement of expenses] The applicant shall reimburse the expenditure which he has incurred in order to properly store the goods, including the statutory interest, and to exempt the payer from the commitments entered into by him for the above purpose on his own behalf.
Art. 843. [ Common store] If several persons have jointly adopted or donated a thing to store, their responsibility to the other party shall be jointly and severally liable.
Art. 844. [ Reimbursement of things put aside for storage] § 1. The applicant may at any time require the return of the goods for storage.
§ 2. A titler may demand that things be received before the expiry of the contract term, if, as a result of circumstances which he could not have foreseen, he cannot, without his or her own personal injury or danger, store it in the way that it is required. If the retention period has not been marked, or if the item has been accepted for storage without remuneration, the conservator may request that the goods be received at any time that the return would not have occurred at the moment of the inadequation of the applicant.
§ 3. The return of things should happen in the place where it was to be stored.
Art. 845. [ Invalid deposit] Where it is apparent from the specific provisions of either the contract or the circumstances that the conservator may dispose of the money or other items of species only, the provisions on the loan (deposit box) shall apply mutatis mutandis. ). The time and place of return shall specify the provisions for storage.
TITLE XXIX
Liability, pledge and statute of limitations of claims keeping hotels and similar bets
Art. 846. [ Responsibility for things brought] § 1. A commercial hotel or similar undertaking shall be responsible for the loss of or damage to goods brought by a person using the services of a hotel or a similar undertaking, hereinafter referred to as the 'guest', unless the damage resulted from the property of the property brought or by force majeure, or that he was born solely from the fault of the aggrieved person or the person who accompanied him, was employed or visited him.
§ 2. A river brought within the meaning of the provisions of the title of this is the case which, at the time of the use by the guest of the services of the hotel or of a similar establishment, is located in that hotel or a similar establishment or is located outside it, and has been entrusted a hotel or a similar undertaking or person employed or placed in a place designated by them or intended for that purpose.
§ 3. It is also a case which, in the short, customary period preceding or after the guest used the services of a hotel or a similar establishment, has been entrusted with a commercial hotel or a similar undertaking; or a person employed or placed in a place designated by them or intended for that purpose.
§ 4. Motor vehicles and the things left in them and live animals shall not be considered as having been brought. If a storage contract is concluded, the hotel or a similar undertaking may not be responsible for the maintenance of the hotel or similar undertaking.
§ 5. The exclusion or limitation of liability referred to in paragraph 1 by a contract or notice shall not have legal effect.
Article 847. [ Notice of Injury] A claim for compensation for damage caused by loss or damage to items brought to a hotel or similar plant shall be extinguished if the injured person after receiving the information on the damage did not immediately inform the holding company of the damage. This provision shall not apply where damage has been caused by a commercial hotel or similar establishment, or where it has accepted a storage facility.
Article 848. [ Redress of damages claims] Claims for compensation for damage resulting from loss or damage to property brought to a hotel or similar establishment shall be expired within six months of the date on which the injured person becomes aware of the damage, and in any case within a year of the date on which the victim ceased to use the services of the hotel or of a similar establishment.
Article 849. [ Responsibilities] § 1. The scope of the obligation to make good the damage by a commercial hotel or a similar undertaking in the event of loss or damage to the transferred property shall be limited to one guest, up to the amount of the person due to be paid for the accommodation delivered to him, This is a single day. However, liability for each item shall not exceed 50 times the amount of that duty.
§ 2. The limitation of the scope of the obligation to rectify the damage does not apply to an accident where the holding or similar establishment has accepted the accommodation or refused to accept it for storage, although it was obliged to accept it as well as to the when the damage resulted from the fault of the intentional or gross negligence of his or his person employed.
§ 3. A hotel or a similar facility is required to receive money, securities and valuable items, in particular valuables and objects with a scientific or artistic value. It may refuse to accept these items only if they endanger security, or if the size or standard of the hotel or similar establishment is too high or where there is too much space.
Art. 850. [ Pledge Law] For the security of claims for housing, maintenance and services provided to the person using the services of the hotel or of a similar establishment, as well as for securing a claim for reimbursement of expenses for that person, he shall be entitled to a retaining person A hotel or a similar legal establishment is entitled to a pledge on the items brought. This right shall be governed by the laws of the law of the lessor.
Article 851. [ Hotel Companies] Claims arising in respect of the activities of hotel undertakings for the purposes of claims for the housing, maintenance and services provided, and for expenses incurred in favour of persons who use the services of such undertakings, shall be statute-bark over the years two. This provision shall apply mutatis mutandis to catering establishments.
Article 852. [ Bathing facilities] The liability and statutory provisions of the law of a commercial hotel or similar establishment shall apply mutatis mutandis to bathing establishments. However, as regards items which are normally not paid by persons using the services of those undertakings, the operator's liability shall be limited to the accident when he accepted such an object for safing, or where the damage resulted from the the guilt of the intentional or gross negligence of his or his person employed.
TITLE XXX
Storage contract
Article 853. [ Depot agreement] § 1. By the contract of composition, the storekeeber undertakes to store, for remuneration, the movable property covered by the contract.
§ 2. A member's entrepreneur is obliged to issue a receipt, which should exchange the type, quantity, marking and manner of packaging of things, as well as other relevant provisions of the contract.
Article 854. [ Exemption of application of the law] The provisions of this Title shall not apply in cases where a constituent entrepreneur acquires the property of complex things and is obliged to return only the same quantity of items of the same species and the same quality.
Art. 855. [ Obligations of the operator of a component] § 1. The trader shall be liable for the damage resulting from loss, loss or damage from the time of acceptance to the person entitled to the receipt, unless he or she proves that he could not have prevented the damage, despite the fact that the person concerned was not able to prevent the damage. diligence.
§ 2. The constituent entrepreneur is obliged to carry out appropriate maintenance operations. The opposite order of the agreement is invalid.
§ 3. The trader shall not be liable for any loss not exceeding the limits laid down by the relevant provisions and, in the absence of such provisions, of the limits customarily adopted.
§ 4. The compensation may not exceed the normal value of the goods, unless the damage is due to the fault of the intentional or gross negligence of the constituent undertaking.
Article 856. [ Limits of the liability of the operator] A member entrepreneur is obliged to insure things only when he has received such a request.
Article 857. [ Obligation of a constituent entrepreneur] Where the state of affairs of the constituent undertaking is suspected of having no place, loss or deterioration or damage to the goods, the trader should carry out the necessary steps to safeguard property and the rights of the storer.
Article 858. [ Obligation of notification] The trader should notify the applicant of events which are important for the protection of the applicant's rights or as regards the status of the items made available, unless it is not possible to notify the applicant.
Article 859. [ Sales of things] If it is exposed to corruption and cannot wait for the storage of the storey, the trader shall have the right, and where the interest of the storer so requires, also the obligation, sell the item with due diligence.
Article 859 1 . [ Obligation of a constituent entrepreneur] The constituent entrepreneur should make it possible for the assembler to view things, to share them or to combine, to take samples, and to carry out other activities in order to preserve things in due state.
Article 859 2 . [ Connection of things] § 1. A constituent entrepreneur may combine interchangeable things of the same grade and of the same quality, belonging to several applicants, with their written consent.
§ 2. The release of a constituent part of the item in this way does not require the consent of the other applicants.
§ 3. The division and combination of things should be disclosed in the records of the constituent entrepreneur.
Article 859 3 . [ Pledge Law] The economic operator serves to secure claims of components and incidental claims, for reimbursement of expenses and expenses, in particular the transporter and customs duties, for the reimbursement of the granted advances and of any other claims arising from the the title of the contract or warehousing contract, the statutory right of pledge on things to be made up, as long as they are in or in the name of the person who is holding them on his behalf, or as long as they may dispose of them by means of documents.
Article 859 4 . [ The presumption of an extension of the contract for an indefinite period] A storage contract for a fixed period shall be deemed to have been extended for an indeterminate period if, 14 days before the expiry of the time limit, the trader has not requested a letter to be received by registered mail within the time limit set.
Article 859 5 . [ Termination of the Agreement] A storage contract concluded for an indeterminate period of time an entrepreneur may terminate the registered letter, subject to a period of one month, but not earlier than 2 months after the date of submission of the item.
Article 859 6 . [ Putting things on hold] If the applicant does not receive the goods despite the expiry of the agreed time limit or the period of termination of the contract, the component trader may pay the benefit to the storer at the expense and risk of the storage. However, he may exercise that right only if he has warned the applicant of his intention to exercise his right by registered letter, sent not later than 14 days before the expiry of the time limit set.
Article 859 7 . [ Call to pick up things] In spite of the conclusion of the contract for the time being marked, the component trader may, at any time, call upon the applicant to receive the goods, but shall set a time limit for their receipt.
Article 859 8 . [ Termination of claims] § 1. By taking away unqualified things and the payment of all the claims of the trader shall terminate any claim to the trader in respect of the composition contract, with the exception of claims for non-visible damage of goods, if The applicant shall, within seven days of receipt, inform the trader of them.
§ 2. The provision of § 1 shall not apply where the damage is caused by intentional guilt or gross negligence.
Article 859 9 . [ Claims redress] The claims for the storage contract shall expire on the expiry of the year.
TITLE XXXI
Company
Art. 860. [ Company Agreement] § 1. By the agreement of the company, the partners undertake to strive to achieve a common economic objective by acting in a marked manner, in particular by means of the contribution of the contributions.
§ 2. Contract of the company should be stated by letter.
Article 861. [ Accomplice contribution] § 1. The contribution of an accomplice may consist in the transfer to a company of property or other rights or on the provision of services.
§ 2. It is not presumed that the contributions of accomplices have the same value.
Article 862. [ Bringing things up] If the partner has undertaken to bring to the company the property of the goods, to perform this obligation, as well as to liability for the warranty and to the danger of loss or damage of things, the provisions on sale shall apply accordingly. If things are to be brought only for use, the provisions of the most applicable shall apply accordingly.
Article 863. [ Joint Ownership] § 1. A partner may not dispose of his shares in the joint estate of the members or of the individual components of that property.
§ 2. During the course of the company, the partner may not claim the division of the common assets of the members.
§ 3. During the course of the company, the creditor of the partner shall not be required to satisfy his participation in the common property of the shareholders or from the participation in the various components of that property.
Art. 864. [ Liability of solidarity partners] The members of the company responsible shall be jointly and severally liable.
Art. 865. [ Conducting the Company's affairs] § 1. Each accomplice shall be entitled and obliged to conduct the affairs of the company.
§ 2. Each partner may, without prior resolution of the partners, conduct cases which do not exceed the scope of the ordinary activities of the company. However, if one of the other partners opposes the conduct of the case before the end of such a case, a resolution of the partners is needed.
§ 3. Each partner may, without prior resolution of the partners, carry out an emergency action, the failure of which could expose the company to unrivaled losses.
Art. 866. [ Law of representing a company] In the absence of any other agreement or resolution of the shareholders, each partner shall be empowered to represent the company within such limits as to the extent to which it is entitled to carry out its affairs.
Article 867. [ Participation in profits and losses] § 1. Each partner shall be entitled to an equal share in profits and shall, in the same relationship, participate in losses, irrespective of the nature and value of the contribution. In the company agreement, the share of shareholders ' participation in profits and losses may be established differently. You can even fire some accomplices from taking part in the losses. Converters cannot be excluded from profit participation.
§ 2. The relationship between the share of the partner's share in profits, which is set out in the contract, shall also relate to the participation in the losses.
Article 868. [ Breakdown and distribution of profits] § 1. The partner may require the distribution and payment of profits only after the company has been dissolved.
§ 2. However, when a company has been concluded for a longer period of time, the shareholders may demand the distribution and payment of profits at the end of each financial year.
Art. 869. [ Termination of participation] § 1. If a company has been indeterminate for an indeterminate period, each partner may withdraw from it by commenting on three months forward at the end of the accounting year.
§ 2. For important reasons, the partner may terminate his participation without retaining the terms of notice, even if the company was in a time marked for a marked time. The opposite claim is invalid.
Art. 870. [ Termination of participation by a personal creditor] If, within the last six months, an ineffective execution of the movable property of the partner has been carried out, his/her personal creditor, who has obtained the seizure of the rights of the partner in the event of a company or solution thereof, may to terminate his participation in the company for three months ahead, even if the company was to be concluded for a period of time marked. If the company's contract provides for a shorter notice period, the creditor may benefit from this period.
Art. 871. [ Presence of an accomplice] § 1. The partner in the company shall be reimbursed in the nature of the things he has brought to the company for use, and the value of his contribution in the company's contract, and in the absence of such a designation, shall be paid in the absence of such a sign-the value which he had at the time of the contract. transfer. The value of the contribution to the provision of services or the use by the company of the members of the partner shall not be recovered.
§ 2. In addition, it shall be paid to the applicant in money of that part of the value of the joint property after deduction of the value of the contributions of all the members of the company which corresponds to the relationship in which the applicant participated in the profits of the company.
Article 872. [ Death of the accomplice] You may stipulate that the heirs of the accomplice will enter the company in his place. In such cases, they should indicate to the company one person who will exercise their rights. As long as this is not the case, the other partners may take all the activities of the company themselves.
Art. 873. [ Milling extension of the contract] If, in spite of the existence of the reasons set out in the agreement, the reasons for the company's dissolution continue with the agreement of all the partners, it shall be made as extended for an indefinite period.
Article 874. [ Termination of the company by court] § 1. For important reasons, each accomplice may demand a company's solution by a court.
§ 2. The company shall be dissolved from the day of the announcement of the bankruptcy of the partner.
Article 875. [ Shares in fractional parts] § 1. From the moment of dissolution of the company, the joint property of joint ownership provisions in fractional parts shall apply mutatis mutandis to the provisions of the following provisions.
§ 2. Of the assets remaining after the payment of the company's debts, the members of their contributions shall be reimbursed to the shareholders by applying the provisions for the reimbursement of contributions in the event of an accomplice of the company's partner.
§ 3. The remaining surplus of the common property shall be shared between the shareholders in the same proportion as they participated in the profits of the company.
TITLE XXXII
Surety
Article 876. [ Guarantee Agreement] § 1. The guarantor shall, through the guarantee agreement, undertake to make an undertaking in respect of the creditor in the event that the debtor has not executed the undertaking.
§ 2. The statement of the guarantor should be under the action of invalidity filed in writing.
Article 877. [ Guarantor of the Chief Debtor] In the event of a surety for the debt of a person who has not been able to commit due to a lack of legal capacity, the guarantor should fulfil the benefit as the principal debtor if, at the time of the surety of that person's incapacity, he or she knew or readily may have learned.
Art. 878. [ Guarantee for future debt] § 1. You can vouch for the debt coming up to the height of the mountain marked.
§ 2. The indefinite surety for the debt future may be before the rise of the debt revoked at any time.
Art. 879. [ Liability range of the guarantor] § 1. The liability of the guarantor shall be settled by each part of the obligation of the guarantor.
§ 2. However, the legal act made by the debtor with the creditor after the granting of the surety shall not increase the liability of the guarantor.
Art. 880. [ Debtor delay] If the debtor is delayed with the fulfilment of the benefit, the creditor should notify the guarantor immediately.
Article 881. [ Guarantor Liability] In the absence of a disparate reservation, the guarantor shall be responsible as a joint-debtor.
Article 882. [ Quiescence of the guarantee] If the deadline for payment of the debt is not marked, or if the payment of the debt depends on the notice, the guarantor may at the end of six months from the date of the surety, and if he vouched for the debt future-from the date of establishment of the debt demand that the creditor be called on the debtor to pay or at the earliest date has been given notice. If the creditor does not make the above request, the liability of the guarantor shall be extinguished.
Article 883. [ Liability of the guarantor] § 1. The guarantor may raise any pleas to the debtor against the creditor; in particular, the guarantor may deduct the claim from the debtor in respect of the creditor.
§ 2. The Guarantor shall not lose the above charges, even if the debtor has surrendered to them or has accepted the claim of the creditor.
§ 3. In the event of the death of the debtor, the guarantor shall not invoke the limitation of the liability of the heir resulting from the provisions of the succession law.
Article 884. [ Investigation of claims against the guarantor] § 1. The guarantor against whom the creditor is taking the claim should inform the debtor immediately by calling on him to take part in the case.
§ 2. If the debtor fails to take part in the case, he cannot lift up against the guarantor the charges which he had against the creditor, and whose guarantor did not raise it because of the fact that he did not know about them.
Article 885. [ Notice of the debtor about the payment] The guarantor shall immediately inform the debtor of the payment of the debt he has vouched for. If he had not done so, and the debtor made the undertaking, he may not require the debtor to return what the creditor himself had paid, unless the debtor acted in bad faith.
Article 886. [ Notification of the guarantor's performance] If the guarantee is provided for the knowledge of the debtor, the debtor should immediately notify the guarantor of the performance of the undertaking. If he had not done so, the guarantor who had satisfied the creditor may require the debtor to return what the creditor had paid, unless he acted in bad faith.
Art. 887. [ Liberate the collateral of the claim] If the creditor has challenged the security of the claim or the means of proof, he shall be liable to the guarantor for the resulting damage.
TITLE XXXIII
Donations
Art. 888. [ Contract of donations] § 1. Through the contract donations, the donor undertakes to provide free benefit to the donated property at the expense of his property.
§ 2. (repealed)
Art. 889. [ Non-free donations other than donations] They shall not be free of charge of the following free of charge:
1) when the obligation to provide free benefit results from the contract governed by other provisions of the Code;
2) when a person renounces a law that has not yet acquired or which has acquired in such a way that, in the event of a renunciation, the law is considered to be a nienabyte.
Article 890. [ Form of the donation contract] § 1. The donor's statement should be made in the form of a notarial deed. However, a gift agreement concluded without the conduct of that form shall become valid if the promised benefit is fulfilled.
§ 2. The above provisions shall not prejudice the provisions which, by virtue of the subject matter of the donation, require the conduct of a particular form for the statements of both parties.
Art. 891. [ Donor Liability] § 1. The donor shall be obliged to make good the damage resulting from the non-execution or improper performance of the undertaking, if the damage has been caused intentionally or by gross negligence.
§ 2. If the donor is delayed with the fulfilment of the cash benefit, the paedier may demand interest for the delay only from the date of the claim.
Art. 892. [ Liability for defects of things] If a gift has a defect, the donor shall be obliged to make good the damage which he has caused by the fact that he has not informed him of the defects in due time of his knowledge of the defects. This provision does not apply when the drawback could easily be seen.
Article 893. [ Command] The donor may put an obligation of action or omission under the responsibility of the donor, without making any creditor (the command).
Art. 894. [ Command Fill] § 1. A donor who has made a commitment under a donation contract may request the fulfilment of the request, unless it is intended solely for the benefit of the donated.
§ 2. After the death of the donor, the orders may be requested by the heir of the donor, and if the order has a social interest, also the competent authority of the state.
Article 895. [ Fill Refused] § 1. A request may be refused if this is justified as a result of a substantial change in relations.
§ 2. If the fulfilment of the request is demanded by the donor or his heir, he may be granted the release of the subject of donation in kind in the state in which the object is located. This provision shall not apply where the fulfilment of the request is requested by the competent authority.
Article 896. [ Cancellation of a non-executed donation] The donor may cancel the donation not yet executed if, after the conclusion of the contract, his or her property has changed, that the execution of the donation must not be without prejudice to his/her own subsistence, as appropriate, to his/her justified needs. or without prejudice to the statutory maintenance obligations of that person.
Article 897. [ Non-donate donators] If, after the execution of the donations, the donor is in a shortage, the donor is obliged, within the limits of the existing enrichment, to provide donors with the means that he or she is not required to maintain corresponding to his or her justifiable needs or to the the fulfilment of the statutory maintenance obligations on the part of the person. However, it may be exempted from this obligation by returning the value of the enrichment to the donors.
Art. 898. [ Reference of donations made] § 1. The donor may cancel the donation, even if he has already done so, if he has been given a grossly unthankfulness to him.
§ 2. The reimbursement of the subject of the cancelled donation should be made in accordance with the provisions on unjust enrichment. From the moment of the event justifying the appeal, the overdue appeal shall be liable on an equal footing with unjust enriched, which should be counted with the obligation to repay.
Art. 899. [ Cancellation of donations due to unthankfulness] § 1. The donation cannot be cancelled because of the unthankfulness, if the gift of the donated forgave. If, at the time of the forgiveness of the donor, he has no capacity for legal action, forgiveness is effective when he has been stripped of sufficient discernment.
§ 2. The heirs of the donor may cancel the donation because of the unthankfulness only when the donor at the time of death was entitled to appeal or when the donated intentionally deprived the donor of life or deliberately provoked a health decor, which the result was the death of the donor.
§ 3. The donation may not be cancelled after one year from the date on which the entitled to appeal learned of the unthankfulness of the donated.
Article 900. [ Reference Form] The appeal of the donation shall be made by a statement made in writing.
Article 901. [ Gift agreement concluded by an incapacitated person] § 1. The representative of the incapacitated person may request the termination of the contract by the person before the incapacitation, if the donation is excessive due to the value of the benefit and the absence of reasonable reasons.
§ 2. Solutions of a donation contract shall not be required after the expiration of two years after its execution.
Art. 902. [ Exemption of the application of the provisions on appeal] The provisions on the cancellation of a donation shall not apply when the donation makes the requirement of a requirement arising from the principles of social coexistence.
TITLE XXXIII 1
Transfer of properties
Article 902 1 . [ Real Estate Transfer Agreement] § 1. By means of the transfer agreement, the owner undertakes to transfer the property to the municipality free of charge or to the Treasury.
§ 2. The State Treasury may conclude a transfer of immovable property when the municipality of the place of the whole or part of the property has not made use of the invitation to its conclusion within three months from the date of submission of the invitation by the owner property.
Article 902 2 . [ Responsibility of the owner for the property defects] If the parties have not decided otherwise, the owner of the transferor of the property shall not be liable for the defects.
TITLE XXXIV
Renta and life in prison
SECTION I
Renta
Article 903. [ Contract of annuity] By contract, one of the parties undertakes to apply to the other for specified periodic benefits in money or in things which are marked only in respect of the species.
Article 903 1 . [ Form of the annuity agreement] The annuity agreement should be established by letter.
Article 904. [ Time limits for payment of annuity] If the time limits for payment of an annuity have not been determined, pay shall be paid monthly in advance and the pension shall be paid in respect of the type of payment only in respect of the species and shall be paid within the time limits resulting from the performance of the pension and the payment of the pension. the purpose of the pension.
Art. 905. [ Require Benefit] If the authorised payment of the payment of the pension is paid in advance, the full benefit shall be paid for the period in question. The lower paid pension should be paid in time until the day on which the obligation has been established.
Article 906. [ The application of the provisions on sales and/or dishes] § 1. The provisions on sale shall be applied mutatis mutandis to the pension laid down for remuneration.
§ 2. The pension provisions shall apply to the annuity established without remuneration.
Art. 907. [ Non-contractual Renta] § 1. The provisions of the chapter of this chapter apply in the absence of specific provisions also in the case where the pension is due to non-contractual sources.
§ 2. If the obligation to pay an annuity is due to the Act, either party may, in the event of a change of relations, demand a change in the amount or duration of the pension, even if the amount of the pension and the duration of the pension are fixed in a judicial decision or contract.
SECTION II
Life in life
Art. 908. [ Life Agreement] § 1. If, in exchange for the transfer of property, the purchaser has undertaken to provide the transferee with a life of life (a life imprisonment), he should, in the absence of a different contract, accept the seller as a household, provide him with food, clothing, housing, light and fuel, provide it with adequate help and care for the disease and at its own expense for burial to the local customs.
§ 2. If, in a life contract, the purchaser of the property has undertaken to charge it to the transferor, the exercise of which is limited to the part of the property, the service of the dwelling or other personal service, or to fulfil the repetitive services If you are not entitled to a pension, you will be entitled to a person who is entitled to a person who is entitled to a person who is entitled to a person who is entitled to a person who is entitled to a pension or who has been entitled to a pension
§ 3. A life sentence may also be shot in favour of a person close to the property vendor.
Article 910. [ Transfer of property on the basis of a life of life agreement] § 1. The transfer of ownership of the property under the life agreement is followed by a simultaneous load of immovable property in life. Such charges shall apply mutatis mutandis of limited rights.
§ 2. In the event of a divestiture of immovable property, the purchaser shall also bear the personal responsibility for the benefit of this right covered, unless it has become chargeable at the time when the property was not owned by it. The personal responsibility of the co-owners is solidarity.
Article 911. [ Death of one of the eligible] In the event of the death of one of these persons, the life of life laid down for a number of persons shall be reduced.
Article 912. [ Failure to dispose of life imprisonment] Life imprisonment is inalienable.
Article 913. [ Replacement for life-annuity] § 1. If, for any reason, they emerge between the life-life and the obliged relationship that the parties may not be required to remain in direct contact with each other, the court may, at the request of one of them, turn all or some of them the rights covered by the life of the life of the life of the life of life for the life of the pension corresponding to the value
§ 2. In exceptional cases, the court may, at the request of a debtor or a service life, if the life of the court is a transferor of the property, terminate the contract for life.
Article 914. [ Replacement of life imprisonment in the case of divestment of immovable property] If a life imprisonment contract has been paid to the property, the life of life may be demanded by a life-holder for a lifetime of an annuity corresponding to the value of that right.
Art. 915. [ Real Estate Load] The provisions of the two preceding Articles shall apply mutatis mutandis to the contracts by which the purchaser of the property has undertaken, in order to ensure that the transferor of the property is viable, to the charge of immovable property with a restriction of its execution to parts of the property
Art. 916. [ Ineffectiveness of a life imprisonment contract] § 1. A person who is obliged to have a maintenance obligation on a legal basis may request that a life contract be regarded as being unenforceable if, as a result of that contract, the life of the contract has become insolvent. This entitlement shall be granted regardless of whether the life of the person has acted with the awareness of the victims of the creditors, and irrespective of the time when the contract is concluded.
§ 2. The recognition of a life sentence for an ineffective shall not be required after the expiry of five years from the date of the contract.
TITLE XXXV
Settlement
Art. 917. [ Ugoda] By the agreement of the parties, they shall make a reciprocal concession within the scope of the existing legal relationship to that end in order to repeal the uncertainty as to the claims arising out of that relationship or to ensure that they are implemented or to repeal the dispute that exists or which may be arise.
Art. 918. [ Repeal of the legal effects of the settlement made under the influence of the error] § 1. Evasion of the legal effects of a settlement made under the influence of an error shall be admissible only if the error relates to a factual situation which, according to the terms of the agreement, both parties considered to be doubtful, and that the dispute or uncertainty would not have been incurred if at the time of the the conclusion of the settlement of the parties knew about the true state of affairs.
§ 2. The legal effect of the settlement cannot be waived on account of the finding of evidence as to the claims which the settlement concerns, unless it is concluded in bad faith.
TITLE XXXVI
Public promise
Article 919. [ Public Pledge] § 1. Who, through the public announcement, has promised the reward for the execution of the marked act, is obliged to keep it.
§ 2. If, in a pledge, the term of the action has not been marked, nor has it been claimed that the pledge is irrevocable, the vow may cancel it. The appeal should be made by public notice in the same manner as the pledge was made. The reference is ineffective against the person who previously performed the task.
Art. 920. [ Prize] § 1. If the action has taken several persons independently of each other, each one of them should be given a full prize, unless only one prize has been added.
§ 2. If only one prize has been received, it will be given to the person who first reports, and in the event of simultaneous notification of several persons-the one who has performed the first action.
§ 3. If the action has taken several persons together, the court will, in the event of a dispute, share the prize accordingly.
Art. 921. [ Competition] § 1. A public pledge of reward for the best work or for the best act is ineffective if it has not been marked by the time limit within which the prize can be applied for.
§ 2. The assessment of whether or not the work or action is worthy of the award shall be made to the vow, unless otherwise reserved in the pledge of the prize.
§ 3. The promised reward acquires the property of the rewarded work only when it reserved in a pledge. In the case of such acquisitions, the property shall be acquired when the award is paid. This provision shall also apply to the acquisition of copyrights or inventive rights.
TITLE XXXVII
Transmission and securities
SECTION I
Pass
Article 921 1 . [ Przekaz] Who gives the other (the receiver) the benefit of a third party (the transferee), entitles the recipient of the transfer to the party and transferred to the transferor to the transferor.
Article 921 2 . [ Acceptance of transmission] § 1. If the conveyant has declared that the transfer is accepted, it shall be in respect of the consignee to the satisfaction of the provision specified in the communication.
§ 2. In such a case, only charges arising from the content of the communication and on the charges which it may have in person with regard to the consignee may be relied on.
§ 3. The claims of the recipient against the transmission resulting from the acceptance of the transfer shall expire on the expiry of the year.
Article 921 3 . [ Reference] The transferor may refer the appeal as long as the transferor has not accepted it or has not fulfilled the benefit.
Article 921 4 . [ Transferred to the transferee's debtor] If the transferor is transferred to the debtor as to the supply of the benefit, it shall be obliged to redress it.
Article 921 5 . [ Forwarding to the debtor of the consignee] If the transferor is the debtor of the transferee, the waiver of the debt shall only be effected by the fulfilment of the benefit, unless otherwise specified.
SECTION II
Securities
Article 921 6 . [ Commitment of security] If the obligation results from the issued security, the debtor shall be obliged to provide the document or make it available to the debtor for the purpose of depriving the document of his legal capacity in a customary manner.
Article 921 7 . [ Fulfillment of the benefit to the holder of the document] The fulfilment of the holder's hands with the identity of the security shall be released by the holder, unless he has acted in bad faith.
Article 921 8 . [ Imienne securities] Registered shares shall legitiniate a person by name as indicated in the document. Transfer of rights takes place through a transfer connected with the release of the document.
Article 921 9 . [ Securities per order] § 1. The securities at the request shall legitimibe the person mentioned in the document and anyone who has been transferred by the indos to whom the rights have been transferred.
§ 2. Indos is a written statement placed on a security paper on behalf of and containing at least a signature of a vendor, meaning the transfer of rights to another person.
§ 3. The transfer of rights from the document requires its release and the existence of an uninterrupted line of indosis.
Article 921 10 . [ Securities for bearer shares] § 1. Where the authorisation of a competent national authority is required to circulate a bearer document, a document issued without such permission shall be invalid.
§ 2. The signature of the debtor may be echoed by a mechanical means, unless otherwise specified by special provisions.
Article 921 11 . [ Submission to a court deposit] § 1. The debtor is not obliged to investigate whether the bearer is the owner of the document. However, in the event of reasonable doubt as to whether the bearer of a document is a creditor, the debtor should submit the subject of the benefit to the court deposit.
§ 2. If the competent state authority has issued a prohibition on the benefit, the exemption from the obligation shall be effected by the submission of the subject of the benefit to the court
Article 921 12 . [ Transfer of rights from the bearer document] The transfer of rights from a bearer document requires the issuance of this document.
Article 921 13 . [ Allegations of Debtor] The debtor may refer to the creditor on grounds relating to the validity of the document or the result of his or her contents or serve him personally against the creditor. The debtor may also refer to the pleas in which he is serving against the previous creditor, if the purchaser of the document has acted knowingly to the detriner of the debtor.
Article 921 14 . [ Death of securities] § 1. The remorse of the securities shall be governed by specific provisions.
(2) If a security has been lawfully remitted, the debtor shall be obliged to issue a new document to the person on whose behalf the remission took place, and where the claim is due-to fulfil the benefit.
Article 921 15 . [ Legitimative signs] § 1. The provisions on securities shall apply mutatis mutandis to the identity cards of the obligation to provide.
§ 2. In the event of a loss of the identity card stating, in its content, the obligation to provide at the request of the creditor, the debtor may make the provision conditional upon the proof of entitlement by the person making such a request.
§ 3. The provisions on bearer securities shall be applied mutatis mutandis to the identity card, which does not specify a name of the holder of the holder, unless otherwise specified in the specific provisions.
Article 921 16 . [ Application of securities legislation] The provisions of this chapter shall apply mutatis mutandis to securities of rights other than claims.
BOOK FOUR
SPADS
TITLE I
General provisions
Art. 922. [ Decrease] § 1. The rights and obligations of property of the deceased shall pass from the moment of his death to one or more persons pursuant to the provisions of the book of this present.
§ 2. They do not belong to the inheritance of the law and obligations of the deceased closely connected with his person, as well as the rights which, at the time of his death, pass on marked persons irrespective of whether they are heirs.
§ 3. Inheritance debts also include the costs of burial of the deceased to the extent that the funeral corresponds to the usual habits of the environment, the costs of the succession, the obligation to satisfy the claims of survivability and the obligation to carry out the normal and command records, as well as other obligations provided for in the provisions of the book of this document.
Art. 923. [ Permission to use the deceased's apartment] § 1. The spouse and other persons close to the deceased, who lived with him until the day of his death, are entitled to use within three months of the opening of the inheritance from the apartment and the home appliance in the area so far. Dissipation of the deceased or restricting or restricting this entitlement shall not be valid.
§ 2. The above provisions do not restrict the rights of the spouse and other persons close to the deceased, which result from the rental of the premises or from the cooperative right to the premises.
Art. 924. [ Opening of the inheritance] The decline opens at the moment of death of the deceased.
Art. 925. [ Moment of acquisition of inheritance] The heir acquires a decline from the moment of the opening of the decline.
Art. 926. [ Appointment to decline] § 1. The call to inheritance is due to a law or a testament.
§ 2. The statutory inheritance on the whole of the inheritance occurs when the deceased has not appointed an heir or when none of the persons he has appointed wishes or may not be the heir.
§ 3. Subject to the exceptions to the statute provided for, the statutory inheritance on the part of the inheritance shall take place when the deceased has not appointed an heir to that part, or if any of the few persons who have referred to the whole of the succession do not wish to or do not wish to may be an heir.
Article 927. [ Ability to inherit] § 1. It must not be an heir to a natural person who is dead at the time of the opening of the inheritance, nor a legal person who does not exist at that time.
§ 2. However, the child at the time of opening of the inheritance already conceived may be the heir, if the child is born alive.
§ 3. The Foundation established in the testament by the deceased may be the heir, if it is entered in the register within two years of the announcement of the will.
Art. 928. [ Heir unworthy] § 1. The heir may be recognized by the court as unworthy if:
1) has committed intentionally a serious criminal offence against the deceased;
(2) a trickler or threat has imposed a lender to draw up or cancel a will, or in the same way prevented him from making one of those activities;
3) intentionally concealed or destroyed the testament of the deceased, framed or retreated his will or knowingly exercised his will by another person counterfeit or reworked.
§ 2. The heir unworthy is excluded from the inheritance, as if he had not suffered the opening of the inheritance.
Art. 929. [ Recognition as unworthy] The recognition of an heir as unworthy can demand anyone who has a vested interest in it. Such a request may occur within one year from the date on which he learned of the cause of inodeness, but no later than three years after the opening of the inheritance.
Art. 930. [ Forgiveness] § 1. The heir shall not be considered unworthy if the deceased has forgiven him.
§ 2. If, at the time of forgiveness, the deceased had no capacity for legal action, the forgiveness is effective when he has been stripped of sufficient discernment.
TITLE II
Statutory Inheritance
Art. 931. [ Inheritance of spouses and descendants] § 1. In the first instance, the deceased's children and their spouses are relied on from the Act to decline; they shall inherit in equal parts. However, the part of the spouse shall not be less than one quarter of the total inheritance.
§ 2. If the deceased's child did not live to open the inheritance, the share of the succession which would have accrued to him falls to his children in equal parts. This provision shall apply mutatis mutandis to further descendants.
Art. 932. [ Inheritance of a spouse in the confluence with parents] § 1. In the absence of the relentless lenders, they are called to fall from the law of his spouse and parents.
§ 2. The share of the succession of each parent, which inherits in the confluent with the deceased's spouse, amounts to a quarter of the total decline. If the parent's paternity has not been established, the share of the inheritance of the deceased's mother, inheriting in the confluence with his spouse, amounts to half of the decline.
§ 3. In the absence of the relentless and spouse of the deceased, the entire decline falls to its parents in equal parts.
§ 4. If one of the parents of the deceased did not see the opening of the inheritance, the share of the inheritance that would have accrued to him is the siblings of the deceased in equal parts.
§ 5. If any of the deceased's siblings did not see the opening of the inheritance leaving the deceptive, the share of the inheritance that would fall to him falls to his saggy. The breakdown of this share shall follow the rules which concern the division between the subsequent relentless lenders.
§ 6. If one of the parents has not lived to open the inheritance and there is no sibling of the deceased or their descendants, the share of the succession of the parent inheriting in the confluence with the deceased's spouse is half of the decline.
Article 933. [ The share of the succession of the spouse] § 1. The share of the succession of the spouse, who inherits in the confluence with the parents, siblings and descendants of the deceased's siblings, amounts to half of the decline.
§ 2. In the absence of the relentless lenders, his parents, his siblings and their sneaky, the entire decline falls to the deceased's spouse.
Art. 934. [ Inheritance by the grandparents of the deceased] § 1. In the absence of descendants, the spouse, the parents, the siblings and the descending siblings of the deceased, the whole inheritance falls to the grandparents of the deceased; they inherit in the equal parts.
§ 2. If one of the grandparents of the deceased did not see the opening of the estate, the share of the estate, which would fall to him, falls in his keepsage. The breakdown of this share shall follow the rules which concern the distribution of the inheritance between the relentless lenders.
§ 3. In the absence of the relentless of his grandparents, who did not live up to the opening of the inheritance, the share of the inheritance that would fall to him falls to the other grandparents in equal parts.
Article 934 1 . [ Inheritance by children's spouse of the deceased] In the absence of a spouse and relatives appointed to the succession of the Act, the inheritance falls in parts equal to those of the spouse of the deceased's spouse, none of whom have lived to life in the time of the opening of the inheritance.
Art. 935. [ Inheritance by the Treasury] In the absence of the spouse of the deceased, his relatives and children of the spouse of the deceased, appointed to the succession of the Act, the decrease falls to the municipality of the last place of residence of the deceased as a statutory heir. If the last place of residence of the deceased in the Republic of Poland cannot be determined or the last place of residence of the deceased was located abroad, the decrease falls within the Treasury as the statutory heir.
Article 935 1 . [ Separation] The provisions of the appointment to the succession of the Act shall not apply to the spouse of the deceased's deceased.
Art. 936. [ Inheritance of the opportunity (full-time adoptive)] § 1. He heirs the adoption and his relatives as if he were the child of the adoption, and the adoption and his relatives inherit after the adoption as if the adoption was the parent of the adopted parent.
§ 2. They are not heirs of their initial natural and their relatives, and those persons shall not inherit from it.
§ 3. In the case where one of the spouses has adopted the child of the second spouse, the provision of § 2 does not apply to that spouse and his relatives, and if such adoption took place after the death of the second one of the parental parents, also relative to the relatives. the deceased, whose rights and obligations arising out of the relationship have been maintained in the adoption of the adoption.
Art. 937. [ Inheritance of adopted (adoptive)] If the effects of the adoption are solely on the basis of the relationship between the welcoming and the adopted adoptive, the following provisions shall apply:
(1) he heirs the grounding on a par with his children, and the deceitful heredies shall inherit after the adoption on the same principles as the further relentless lenders;
(2) They shall not inherit the creations of the adoption, and the crewmen of the adoption shall not inherit the grounding of the adoption, and the crested of them, and the crested of them;
(3) The parents of the way do not inherit from the way they have been adopted, and instead inherit it after the adoption of the adoption; besides, the adoption does not violate the call to inheritance resulting from the kinship.
Article 938. [ Grandparents of the deceased] The deceased's grandparents, if they are in scarcity and cannot receive the means of subsistence due to them, on whom they are subject to the statutory maintenance obligation, may require the heir not to be subject to such obligation of funds. to maintain in relation to its needs and to the value of its share of the succession. The heir may also make a claim in such a way that he will pay the deceased's grandparents a sum of money corresponding to the value of a quarter of his share of the succession.
Article 939. [ Household items] § 1. The spouses who inherit from the Act in conjunction with other heirs, having taken away the relentless lenders who lived with him at the time of his death, may demand that the inheritance of the household appliances from which they live is more than their share of the estate. The deceased was used jointly with him or only himself. The claims of the spouse for that title shall apply mutatis mutandis to the ordinary provision.
§ 2. The above shall not be entitled to a spouse if the joint-life of the spouses has ceased to be the deceased's life.
Art. 940. [ Divorce or separation] § 1. The spouse shall be excluded from the succession if the deceased has requested a divorce or a separation from his or her fault, and that request was justified.
§ 2. Exclusion of the spouse from the succession shall be made by the court's decision. The exemption may require any of the other statutory heirs appointed to be inherited in the confluence of the spouse; the time limit for bringing an action shall be six months from the date on which the heir has learned of the opening of the estate, but not more than one year after the opening of the decline.
TITLE III
Replanting in the event of death
SECTION I
Testament
Chapter I
General provisions
Art. 941. [ Testament] To deal with the assets in the event of death can only be carried out by the will.
Article 942. [ Prohibition of common wills] The testament may contain a disposition of only one deceased.
Art. 943. [ testament reference] The deceased may cancel at any time both the entire testament and the individual provisions thereof.
Art. 944. [ Ability to test] § 1. Only a person with full legal capacity may be drawn up and cancelled.
§ 2. The testament may not be drawn up or revoked by a representative.
Art. 945. [ Validity of will] § 1. The Testament is not valid if it is drawn up:
1) in a state exclusive to the conscious or free expression of the decision and expression of will;
2) under the influence of error justifying the assumption that if the deceased had not acted under the influence of error, he would not draw up a testament to that content;
3) under the influence of the threat.
§ 2. The nullity of the will for the above reasons cannot be invoked after the expiry of the period of three years from the date on which the person having the interest proved to be the cause of invalidity, and in any case after the expiry of the years 10 years after the opening of the estate.
Art. 946. [ Ways of cancellation of a will] The revocation of the will may be that the deceased will draw up a new testament, or in such a way that the intention of the will will destroy or deprive him of the characteristics upon which his or her validity depends, or, finally, that he will accomplish it in the a testament to the changes which will result in the will to revoke its provisions.
Article 947. [ New testament] If the deceased had drawn up a new testament without indicating in it that the previous Testament refers only those provisions of the previous testament, which cannot be reconciled with the content of the new Testament.
Art. 948. [ Exponentiation of the will] § 1. The Testament is to be explained in such a way as to ensure the fullest possible reality of the will of the deceased.
§ 2. If the testament can be interpreted differently, it is necessary to accept such an interpretation which allows to maintain the capacity of the deceased in force and to give them reasonable content.
Chapter II
Form of the will
Division 1
Ordinary wills
Article 949. [ Testament own] § 1. The deceased may draw up a will in the manner that he will write it in full by hand, sign it and give it a date.
§ 2. However, the absence of a date shall not entail the invalidity of the own testament if it raises no doubts as to the ability of the deceased to draw up a will, as to the contents of the will or on the mutual ratio of several wills.
Article 950. [ Testament notarial] The Testament may be drawn up in the form of a notarial deed.
Art. 951. [ Official Testament] § 1. The deceased may also make a testament to the fact that, in the presence of two witnesses, he declares his final will to orally to the mayor (mayor, city president), the starosty, the Marshal of the voivodship, the secretary of the district or the municipality or the head of the office Civil status.
§ 2. The statement of the deceased shall be written in the minutes stating the date of its preparation. The protocol shall be read by the deceased in the presence of witnesses. The protocol should be signed by the deceased, by the person against whom the will has been provided, and by witnesses. If the deceased is unable to sign the protocol, this should be noted in the minutes indicating the reason for the absence of the signature.
§ 3. Deaf or non-deaf persons may not draw up a will in the manner provided for in the present article.
Division 2
Specific testaments
Art. 952. [ The oral testament] § 1. If there is a fear of imminent death of the deceased or if, as a result of special circumstances, the conduct of the ordinary form of the testament is impossible or very difficult, the deceased may declare the final will orally at the same time as Least three witnesses.
§ 2. The content of the oral testament may be found in such a way that one of the witnesses or a third party shall declare the deceased before the end of the year from his submission, stating the place and date of the statement, and the place and date of the drafting of the letter, and This letter is the subplenith of the deceased and two witnesses, or all witnesses.
§ 3. In the event that the contents of the oral testament have not been established in that manner, it may, within six months of the date of opening of the estate, be determined by the witness testimonies before the court in accordance with the statement of evidence. If the hearing of one of the witnesses is not possible or encounters difficult to overcome the obstacle, the court may be able to stop at the consistent statements of the two witnesses.
Article 953. [ Testament of travelers] When travelling on a Polish sea or air ship, a testament may be made before the ship's commander or his deputy in such a way that the deceased declares his will to the ship's commander or his deputy in the presence of two witnesses; the commander of the vessel, or his/her deputy wrote down the will of the deceased, stating the date of its census, and the letter in the presence of the witnesses reads the deceased, after which the letter is signed by the deceased, witnesses and the commander of the ship or his deputy. If the deceased is unable to sign the letter, the reason for the failure to sign the deceased is to be given in writing. If the behaviour of this form is not possible, an oral testament may be drawn up.
Art. 954. [ Military Testament] A special form of military wills will determine the Regulation of the Minister of National Defence issued in agreement with the Minister of Justice.
Art. 955. [ Loss of the power of a special will] The special Testament shall be forfeit at the end of six months from the date of cessation of the circumstances which justified the non-conduct of the ordinary testament, unless the deceased had died before the expiry of that period. The time limit shall be suspended for a period of time during which the deceased may not be able to draw up a normal testament.
Division 3
Common provisions for ordinary and specific wills
Art. 956. [ The incapacity of being a witness] He cannot be a witness in the preparation of the will:
1) who does not have full capacity for legal acts;
2) blind, deaf or mute;
3) who cannot read and write;
4) who does not rule the language in which the deceased shall draw up a testament;
5) convicted final judgment of the court for false testimony.
Art. 957. [ Benefit to the witness] § 1. He cannot be a witness in the preparation of the will of the person for whom any advantage has been provided in the will. They may also not be witnesses: the spouse of that person, her relatives or the first and second degree of duties and the persons remaining with her in relation to the adoption.
§ 2. If one of the persons mentioned in the preceding paragraph is a witness, there is no longer any provision for the benefit of the person, his or her spouse, the relative or the first or second degree of responsibility or the person remaining in the This is the basis for the adoption of the However, when it is clear from the contents of the testament or from the circumstances that, without an invalid decision, the deceased would not have produced a testament to the content, the entire will is not valid.
Art. 958. [ Validity of will] A testament drawn up in violation of the provisions of the Chapter of this Chapter shall be invalid, unless otherwise provided for in those provisions.
SECTION II
Appointment of an heir
Art. 959. [ Appointment of the heir] The deceased may appoint one or more persons or parts of the estate to be wholly or partly of a loss.
Article 960. [ Inheritance in Equal Parts] If the deceased has called for a succession or a marked part of the succession of several heirs, without specifying their succession shares, they shall inherit in equal parts.
Article 961. [ Distribution of tagged objects] If the deceased had assigned individual items of property in his will to the individual in his will, which exhausts almost all the inheritance, he/she is not in doubt as a writer, but as an heir, who is called to the estate. If such a testamentary deposition has been made to several persons, those persons shall, in case of doubt, be relied upon for a whole decrease in fractional parts corresponding to the ratio of the value of the subjects to which they are intended.
Article 962. [ Appointment subject to condition or term] The reservation of a condition or term, made in the appointment of a testamentary heir, shall be deemed to be non-existent. However, if it is apparent from the contents of the testament or from the circumstances that without such a reservation the heir would not be called, the appointment of the heir shall be invalid. These provisions shall not apply if the claim or the non-destruction of the condition or the arrival of the term has taken place before the opening of the inheritance.
Art. 963. [ Ordinary attitude] A testamentary heir may be invoked in the event that another person appointed as a statutory or testamentary heir does not wish to or may not be an heir (substitution).
Art. 964. [ Custodius attitude] The decision of the testament by which the deceased obliges the heir to preserve the acquired inheritance and to leave it to another person, has only the effect that this other person is set up to drop in case the heir did not want or not may have been an heir. However, if it is apparent from the contents of the testament or from the circumstances that an heir without such a restriction would not be called, the appointment of the heir shall be invalid.
Art. 965. [ Increment] If the deceased has appointed several testamentary heirs and one of them does not wish to or may not be the heir, intended for him/her to participate, in the absence of a different will of the deceased, falls to the remaining heirs of the testamentary to the testamentary the number of shares in which they are shares (increment)
Art. 966. [ Grandparents of the heir] When under the will of a testament the succession of the unencumbered by the statutory maintenance obligation to the grandparents of the deceased, grandparents, if they are in scarcity and cannot receive the means of subsistence from the persons on whom the statutory pregnancy maintenance obligation, may require the heirs of the means of subsistence in relation to their needs and to the value of its share of the succession. The heir may also make a claim in such a way that he will pay the deceased's grandparents a sum of money corresponding to the value of a quarter of his share of the succession.
Art. 967. [ Execution of records and commands] § 1. If a person appointed as a testamentary heir does not wish to or may not be an heir, the succession to which the succession has been assigned to that person shall be obliged, in the absence of a different will of the deceased, to carry out the incriminating person, ordinary records, orders and other dissents of the deceased.
Paragraph 2. This provision shall apply mutatis mutandis to the heir to the imputed and to the heir to which the succession of the succession shall be from the title of the increment.
SECTION III
Write and command
Chapter I
Normal write
Art. 968. [ Normal Write] § 1. The deceased may, by means of a testamentary provision, oblige the statutory or testamentary heir to fulfil the specified property benefit in favour of the designated person (ordinary recording).
§ 2. The deceased may charge the ordinary record as well as the writer (continued writing).
Art. 970. [ Write execution] In the absence of a different will, the deceased shall be able to request the performance of the recording immediately after the test has been announced. However, the writ-off of the wrist-load may be stopped until the heir has been recorded.
Art. 971. [ Recording incriminating several heirs] If a decrease falls to several heirs, the entry shall be charged to the size of their succession, unless the deceased has decided otherwise. This provision shall apply mutatis mutandis to further recording.
Art. 972. [ Application of provisions on records] The provisions on the appointment of the heir, of the capacity to inherit and of unworthiness shall apply mutatis mutandis to the records.
Art. 973. [ Perform further write] If the person in whom the record is made does not wish to or may not be a writer, the debited recording shall be discharged from the obligation to execute it, but should, in the absence of the deceased's will, continue to make further records.
Art. 974. [ Release from further recording] The obligation to carry out a further record may be waived by the writ-up of the obligation to carry out a further record in such a way that he/she shall carry out, free of charge, the transfer of the rights received by him or her to the transfer or transfer of his claim. execution.
Article 975. [ Condition and Term Disclaimer] The record may be made provided, or subject to a deadline.
Article 976. [ Write inefficiency] In the absence of a different will of the deceased, a record of what is meant as to identity is ineffective if the item is not in decline at the time of its opening, or if the deceased was obliged to divend that thing at the time of his death.
Art. 977. [ Complementary claims] If the object of the recording is marked as to the identity, to the claims of the writer for the use of the goods, for the return of the loans or for payment of their value, as well as for the claims charged with a record of the reimbursement of the expenses for the benefit of the use of the appropriate provisions on the claims between the owner and the spontaneous holder of the goods.
Art. 978. [ Liability for the defects of the items marked individually] If the subject of the recording is marked as to identity, the debited record shall bear in respect to the writer's responsibility for the defects of things as the donor.
Art. 979. [ Quality of things marked as a species] If the subject of the recording is classified as a species only, the load shall be of medium quality, taking into account the needs of the transcript.
Art. 980. [ Liability for the defects of the species marked with the species] Where the subject of a record is marked only as to the species, the liability of the writer for the physical and legal defects of the goods shall be subject to the provisions on the warranty of the sale. However, the writer may require only compensation for the indemnification of the recording or delivery instead of the defective goods of the same species free of defects and the damage caused by the delay.
Article 981. [ Expiration of Write Claims] The writable claim expires at the end of five years from the date on which the recording is due.
Chapter II
Recovery record
Article 981 1 . [ Recovery record] § 1. In a testament drawn up in the form of a notarial deed, the deceased may decide that the person who is marked acquires the object of the recording at the time of opening of the inheritance (recovery record).
§ 2. The object of the recovery order may be:
1) a thing marked as to identity;
2) transferable property rights;
(3) an undertaking or an agricultural holding;
4) establishment in favour of the recording of the use or of the handmaids.
Article 981 2 . [ Immediate recovery record] The recovery record shall be ineffective if, at the time of the opening of the succession, the object of the recording does not belong to the deceased or the deceased was obliged to dispose of it. If the object of the recording is to establish for the recording of use or service, the recording shall be ineffective when, at the time of the opening of the inheritance, the asset which was to be subject to use or service shall not be affected by the succession or the deceased was obliged to dispose of it.
Article 981 3 . [ Condition or Term Disclaimer] § 1. The reservation of the condition or the time limit set for the establishment of the recovery record shall be considered as non-existent. However, if it is clear from the contents of the will or the circumstances that without such a reservation the record would not have been made, the recovery record is invalid. These provisions shall not apply if the claim or the non-destruction of the condition or the arrival of the term has taken place before the opening of the inheritance.
§ 2. A record of debt collection invalid on grounds of reservation of a condition or term shall produce the effects of a normal transcript made subject to, or subject to, the term, unless otherwise indicated by the contents of the will or the circumstances.
Article 981 4 . [ Normal write load] The deceased may charge the normal person with whom he has made a recovery record.
Article 981 5 . [ Application of the provisions on recovery] The provisions on the appointment of the heir, the acceptance and rejection of the succession, of the capacity to be inherited and of unworthiness shall apply mutatis mutandis to the recovery records.
Article 981 6 . [ Application of provisions on the ordinary provision] In cases not covered by this Chapter and in the specific provisions for the record of recovery, the provisions on the ordinary provision shall apply mutatis mutandis.
Chapter III
Command
Art. 982. [ Command] The deceased may, in his will, put on the heir or on the writ of the obligation marked with action or omission, without making any creditor (the command).
Art. 983. [ Chargeback command] The writ of the wrist shall be able to withhold its execution until the time the heir has completed the record. This provision shall apply mutatis mutandis in the event that the order shall be charged to the further written-up.
Article 984. [ Executing the command by the heir instead of the signed-off] If the person on whose behalf the provision is made with the obligation to execute the order does not want or cannot be a writer, the heir exempted from the obligation to perform the recording should in the absence of a different will of the deceased order the order to perform. This provision shall apply mutatis mutandis in the event that the order shall be charged to the further written-up.
Article 985. [ Request Execution] The execution of the order may be requested by each of the heirs, as well as the executor of the will, unless the order is intended solely for the purpose of the benefit of the laden order. If the order has a social interest, the request may also be requested by the competent authority of the State.
SECTION IV
Executor of the will
Art. 986. [ Appointment of the executor of the will] § 1. The deceased may appoint a testament to the contractor or the executors in the will.
§ 2. Could not be the executor of the will, who does not have full capacity for legal acts.
Article 986 1 . [ Appointment of the executor of the will to the board of directors inheritance] The deceased may appoint a testament contractor to the board of directors of a succession, its organised part or a marked component.
Art. 987. [ Refusal to be a performer] If the person appointed as the executor of the will does not wish to accept that obligation, he shall make a corresponding statement before the court or notary.
Art. 988. [ Obligations and powers of the contractor] § 1. If the lender has not decided otherwise, the executor of the will should manage the estate estate, pay off debts, in particular to make ordinary records and orders, and then issue the successors to the estate successors according to the will of the deceased and with the law, and in any case immediately after the department of decline.
§ 2. The executor of the will may sue and be sued in matters arising from the board of the inheritance, its organised part or the marked component. He may also sue in matters of inheritance law and be sued in cases of long succession.
§ 3. The executor of the will should issue to the person on whose behalf the recovery transcript has been made, the subject of this recording.
Art. 989. [ Mutual claims between the heir and the executor of the testament] § 1. For mutual claims between the heir and the executor of the will resulting from the management of the inheritance, its organised part or component shall be applied accordingly by the provisions on the order for remuneration.
§ 2. The costs of the Management Board of the estate, its organised part or the marked component and the remuneration of the executor of the will belong to the debts of succession.
Article 990. [ Exemption by court] For important reasons, the court may release the executor of the will.
Article 990 1 . [ Management of the Management Board subject to the recovery of the recovery] The deceased may appoint the executor of the will to hold the management board the subject of a recovery order, until such time as the person on whose behalf the recovery is recorded has been placed under the authority of that object.
TITLE IV
Retain
Article 991. [ Eligible for survivor] § 1. The relentless, spouse and parents of the deceased, who would be relied on to fall under the law, are, if the entitled is permanently incapable of work, or if the relentless spouse is a minor, two-thirds of the value of the share of the succession that would have been entitled to him/her In other cases, half of the value of this share (survivors) is in the statutory inheritance.
§ 2. If the holder has not received his or her due beholder, or in the form of a donation made by the deceased, or in the form of a call for succession, or in the form of a writ, he shall be entitled against the heir to the claim for payment of the amount of money It is necessary to cover the retaining or to complete it.
Article 992. [ Base For Retaining Calculation] The succession of the unworthy heirs and the heirs who have rejected the succession shall also be taken into account for the purpose of determining the share of the succession, and the heirs who have renounced the succession shall not be taken into account; or have been inherited.
Article 993. [ Counting of donations and records of recovery] No account shall be taken of the ordinary records and instructions in the calculation of the retaining, but shall count to a decrease, according to the following provisions, and the recovery records made by the deceased.
Article 994. [ Skipping some donations] § 1. In the calculation of the act, it shall not count to a decrease in minor donations, customarily in the data of the relations accepted or made before more than ten years, counting backwards from the opening of the inheritance, donations to non-heirs, or authority to the survivorment.
§ 2. In the calculation of the retention due to the descending order does not count to the decrease of the donations made by the deceased at the time when he was not of the descending order. This is not the case, however, when the donation has been made on less than three hundred days before the birth of the rally.
§ 3. In the calculation of the surviving spouse, he shall not count on the inheritance of the donations which the deceased had made before he entered into marriage.
Article 995. [ Value of the subject matter of donations and records of recovery] § 1. The value of the subject matter shall be calculated according to the state at the time when it was made, and at the time of the determination of the retention.
§ 2. The value of the object of the collection of debt collection shall be calculated according to the state at the time of opening of the inheritance, and at the price at the time of
Article 996. [ Advance of the collection and donations of the surviving-on-the-preserve] The record of the recovery and the donation made by the deceased to the benefit of the survivor is credited to the survivor's own. If the holder is a further relentless lender, he shall also include the retention of the recovery and the donation made by the deceased to his initial.
Article 997. [ Payment of upbringing costs] If the holder is a keenful lender, he shall include the survivor's expenses incurred by the deceased's education and general and vocational education costs, provided that those costs exceed the average measure adopted in the environment.
Article 998. [ Responsibility to retain for records and commands] § 1. If the surviving person is called to succession, he shall be liable for the ordinary records and orders only up to the amount of the excess exceeding the value of the share of the succession which is the basis for the calculation of the rightised persist.
§ 2. This provision shall apply mutatis mutandis in the event that the ordinary record for the benefit of the survivor has been debited with a further record or recommendation or made subject to the condition, or subject to a time limit.
Article 999. [ Limitation of the responsibility of the heir to the surviving] If the heir required to pay the surviving is himself entitled to a surviving, his liability shall be limited only to the amount of the excess exceeding his/her own surviving.
Article 999 1 . [ Liability to the right to a survivor] § 1. If an eligible person cannot receive from the heir the retention due to him, he may require the person on whose behalf the recovery transcript has been made up to the inheritance, the sum of the money needed to replenify the surviving. However, that person shall be obliged to pay the above sum only within the limits of the enrichment resulting from the collection of the recovery.
§ 2. If the person on whose behalf the recovery is made is entitled to the surviving, she shall be liable to the other entitled to the surviving only to the amount of the excess exceeding her own retention.
§ 3. The person on whose behalf the recovery is made may waived the obligation to pay the sum needed to replenify the surviving by the issue of the subject of the recording.
§ 4. If the deceased has made recovery records in favour of a few persons, their liability to the survivor shall be in solidarity. If one of the persons in respect of which the recovery records were made has fulfilled the benefit of the survivorship, it may require the other persons to provide a proportion of the benefit proportional to the value of the recovery records received.
Article 1000. [ Responsibility for the preservation of the retains] § 1. If the person entitled cannot receive the retention from the heir or the person on whose behalf the recovery is made, he may require the person who has received the donation from the deceased to the estate, the amount of money required to do so by the deceased. replenith. However, it shall be subject to the obligation to pay the above sum only within the limits of the enrichment resulting from the donation.
§ 2. If the holder himself is entitled to a survivorship, he shall be liable to the other entitled to the survivorship only up to the amount of the excess exceeding his/her own retains.
§ 3. It may be exempted from the obligation to pay the sum needed to complete the retaining by issuing the subject matter of the donation.
Article 1001. [ Prioritization of the liability of several donated] Of the several donated persons, he has previously been liable pursuant to the provisions of the preceding article only if the survivorship is unable to obtain a replenishing effect from the person who has been given a later date.
Article 1002. [ Inheritance Claim Behavior] A claim on the title of a survivor passes to the heir of a person entitled to a survivor only if the heir is one of the persons entitled to the survivor after the first deceased.
Article 1003. [ Reducing records and commands] The heirs required to satisfy the claim on the title of the act may request the relative reduction of normal records and instructions.
Article 1004. [ Shrink Rules] § 1. The reduction of ordinary records and instructions shall be made in relation to their values, unless the content of the testament results in a different will of the deceased.
§ 2. In the event of a reduction in the normal record, a further record or recommendation shall be subject to a further written record of the relative reduction.
Article 1005. [ Privileges of the heir and the tranquelier of the rightholder] § 1. If the heir required to satisfy the claim on the title of the surviving himself is entitled to a surviving, he may demand a reduction of the ordinary records and instructions to such an extent that he remains his own beholder.
§ 2. If the writer himself is entitled to a surviving, the normal transcript made to his or her behalf shall be reduced only to the amount of the excess exceeding his/her own retention.
Article 1006. [ Privileges of the heir and the tranquelier of the rightholder] If the reduction is subject to a normal recording, the subject of which cannot be divided without a substantial change or without a significant reduction in value, the writer may request the complete execution of the recording by paying the corresponding sum of money.
Article 1007. [ Claims redress] § 1. Claims entitled under the title of the survivor and the claims of the heirs for a reduction in the normal records and orders shall be barred from the expiration of five years from the announcement of the will.
§ 2. The claim against the person required to supplement the retention on the title received from the deceased's record of recovery or donations shall expire at the end of the five years from the opening of the inheritance.
Art. 1008. [ Inheritance] The deceased may, in the will of the will to deprive the descendants, the spouse and the parents of the surviving (hereditary), if entitled to the survivorship:
(1) contrary to the wishes of the deceased, the lenders persistently contradict the principles of social coexistence;
(2) he has committed himself to the deceased or to one of his closest members of a deliberate crime against life, health or freedom, or serious offence of worship;
3) do not comply with the deceased's family obligations.
Article 1009. [ Reason For Inheritance] The reason for the inheritance entitled to the survivor should be based on the contents of the will.
Article 1010. [ Forgiveness] § 1. The deceased could not inherit the rightholder, if he forgave him.
§ 2. If, at the time of forgiveness, the deceased had no capacity for legal action, the forgiveness is effective when he has been stripped of sufficient discernment.
Article 1011. [ The Descending-of-heir-of-heir] The trickery of the hereditary are entitled to a survivor, even though he survived the parlour.
TITLE V
Adoption and rejection of the decline
Article 1012. [ Ways of taking a fall, rejection of the decline] The heir can either accept a decrease without limitation of liability for debts (simple adoption), or accept a decrease with a limitation of this liability (adoption with a benefit of the inventory), or decline to decline.
Article 1014. [ Partial party] § 1. Acceptance or rejection of the succession of a succession due to a succession may take place regardless of the acceptance or rejection of the succession of the succession, which the heir falls for a different title.
§ 2. The heir may reject the share of the succession of the increment, and accept the participation of the heir in the appointed heir.
§ 3. In addition to the cases provided for in paragraphs preceding the heir, the succession may not be partially accepted and partially rejected.
Article 1015. [ The date of submission of the declaration of acceptance or rejection of the inheritance] § 1. A declaration of acceptance or rejection of a succession may be made within six months of the date on which the heir learned of the title of his appointment.
§ 2. The absence of the statement of the heir within the period specified in § 1 shall be unambiguous with the acceptance of the inheritance with the welfare of the inventory.
Article 1017. [ Transmission] If, before the expiry of the time limit for the submission of a declaration of acceptance or rejection of the succession, the heir has died without making such a declaration, the declaration of acceptance or rejection of the inheritance may be made by his heirs. The deadline to make this statement cannot end earlier than the deadline to make a statement on the succession of the deceased heir.
Article 1018. [ Statement of acceptance or rejection of succession] § 1. A declaration of acceptance or rejection of a succession of succession provided or subject to a time limit shall be invalid.
§ 2. The statement of acceptance or rejection of the inheritance shall not be revoked.
§ 3. A declaration of acceptance or rejection of a succession shall be filed before the court or before the notary. They may be submitted orally or in writing with the signature officially certified. The power of attorney to make a declaration of acceptance or to reject the inheritance shall be written with the signature officially certified.
Article 1019. [ Submitting a statement under the influence of an error or threat] § 1. If a declaration of acceptance or rejection of the inheritance has been made under the influence of an error or a threat, the provisions on the defects of the declaration of will shall be applied with the following amendments:
1) the waiver of the legal effect of the statement should take place before the court;
2) the heir should at the same time declare whether and how the inheritance accepts or rejects it.
§ 2. The heir, who, under the influence of an error or threat made no statement within the time limit, may in this way overturn from the legal consequences of the non-consping of the term.
§ 3. The waiver of the legal effect of a declaration of acceptance or rejection of a succession shall be subject to approval by the court.
Art. 1020. [ Consequence of rejection of the decline] The heir, which has declined, is excluded from the succession, as if it had not suffered the opening of the inheritance.
Article 1021. [ Application of provisions on conduct of other cases without an order] If the heir managed the inheritance, and then rejected it, to the relationship between him and the heirs, who instead came to a decrease, the provisions for conducting other cases without an order shall apply accordingly.
Article 1022. [ Calling for a fall from various titles] The heir set up to drop both from the power of the will and from the power of the bill may decline to reject as a testamentary heir, and accept the decline as a statutory heir.
Article 1023. [ Adoption of a decline by the State Treasury] § 1. The Treasury or the municipality cannot reject the inheritance that fell under the law.
§ 2. The Treasury or the municipality does not make a declaration of acceptance of the inheritance, and the decrease is considered to have been accepted with the welfare of the inventory.
Art. 1024. [ Protection of creditors of the heir] § 1. If the heir rejected the loss of the creditors, each of the creditors whose claim existed at the time of the rejection of the inheritance may demand that the rejection of the inheritance be deemed to have been ineffective in relation to it in accordance with the provisions of the the protection of creditors in the event of the insolvency of the debtor.
§ 2. The recognition of the rejection of the succession may be demanded within six months from the time of the news of the rejection of the decline, but not later than three years after the rejection of the decline.
TITLE VI
Determination of the acquisition of inheritance or the subject of a recovery record, the attestation of inheritance and protection of the heir
Article 1025. [ Statement of acquisition of inheritance] § 1. The Tribunal shall, at the request of a person with an interest in that interest, state the acquisition of inheritance by the heir. The notary shall, in accordance with the rules laid down by the separate provisions, draw up an act of certification of
§ 2. It is not presumed that the person who obtained the statement of inheritance or inheritance certificate is the heir.
§ 3. The presumption resulting from the acquisition of inheritance cannot be invoked against the presumption resulting from the registered inheritance certificate.
Article 1026. [ Deadline for the acquisition of inheritance] The statement of acquisition of inheritance and the attestation of succession shall not take place within six months of the opening of the inheritance, unless all known heirs have already submitted statements of acceptance or rejection of the inheritance.
Article 1027. [ Proof of rights arising from inheritance] In respect of a third party who does not claim inheritance for inheritance, the heir can prove his rights resulting from inheritance only by a statement of the acquisition of inheritance or a registered act of the inheritance certificate.
Article 1028. [ Protection of third parties] If the person concerned who has obtained the acquisition of inheritance or a certificate of succession, but is not a heir, the person to whom the Regulation is made shall be entitled to acquire the right or to the effect of the inheritance of the person concerned. Exempted from the obligation, unless it acts in bad faith.
Article 1029. [ Inheritance protection] § 1. The heir may demand that the person who heirs the inheritance as an heir, but is not the heir of the heir, has given him a drop. The same applies to individual items belonging to the inheritance.
§ 2. To the claims of the heir for the remuneration for the use of the items belonging to the inheritance, the return of the loans or the payment of their value, as well as the compensation of the damage due to the consumption, deterioration or loss of these items and to claims Claims between the owner and the spontaneous holder of the goods shall be applied against the heirs of the reimbursement of inputs.
§ 3. This provision shall apply mutatis mutandis in the event of a request for the surrender of his property to the person in respect of whom the decision of recognition of the deceased has been abrogated.
Article 1029 1 . [ Application of provisions of the Act] The provisions of this Title shall apply mutatis mutandis to the acquisition of the object of a recovery record.
TITLE VII
Liability for long succession
Art. 1030. [ Scope of responsibility for long succession] Until the moment of acceptance of the succession the heir shall be liable for the debts of the inheritance only from the inheritance. From the moment of acceptance of the inheritance, he has been responsible for the debts of all his property.
Art. 1031. [ Adoption of inheritance and livestock welfare] § 1. In the event of a simple acceptance of the succession the heir bears the responsibility for the long succession without limitation.
§ 2. In the event of a reduction in the welfare of the inventory, the heir shall be liable for the debts of the heir only to the value of the inventory set or the inventory of the inventory of the succession. The above limitation of liability shall be eliminated if the heir has been omitted from the inventory list or has not entered the inventory of items belonging to the succession or the items of the collection records, or has taken account of the fact that he/she has entered into an inventory of items in the inventory. the inventory list or entered the inventory of non-existentdebts.
Article 1031 1 . [ Right of listing of inventory] § 1. The heir who has accepted a drop in the welfare of the inventory, the recovery writer or the executor of the will may lodge in court or before the notary inventory list. The inventory list before the notary shall be covered by the protocol.
§ 2. The inventory list may be submitted jointly by more than one heir, the collector's collection or testament contractor.
§ 3. Items belonging to the inheritance and items of collection records shall be disclosed in the inventory with due diligence, stating their values by state and prices at the time of opening of the inheritance, as well as the debts and debts of the succession of the estate, the time of opening.
§ 4. In the event of disclosures following the submission of a inventory listing of items belonging to a succession, items of recovery records or succession debts omitted from the inventory list, the list of which shall be supplemented by a list. The provisions for the submission of inventory shall apply to the addition of the list.
Article 1031 2 . [ Model inventories] § 1. The list of inventories submitted in court shall be drawn up in accordance with the prescribed model.
§ 2. The Minister of Justice will determine, by means of a regulation:
1. a model inventory of the following:
(a) the data referred to in Article 1031 1 § 3,
(b) the name, the number of the General Electronic System of Records of the Population (PESEL), if it has been given, and the last address of the deceased,
(c) the name, the PESEL number or the number in the National Court Register and, failing that, the number in the other competent register, the records or the tax identification number (NIP), if it has been given, and the address of the inventory listing,
(d) an inventory listing of the inventory as to its obligation to complete, in the cases referred to in Article 4 (2). 1031 1 § 4
-having regard to the insertion of the data necessary to establish the state of the active decline and to standardise the data contained in the list;
2. the way in which the model of the model inventory is made available, with a view to speeding up the succession.
Article 1031 3 . [ Repayment of succession debts according to a composite inventory] § 1. The heir who has paid the inventory list shall pay the debts in accordance with the composite list. However, it may not be satisfied that there is no knowledge of the inventory of the inventory submitted by another heir, a recovery order or a testament to the testament.
§ 2. From the time of the establishment of the inventory of inventory, the heir is paying off the debts in accordance with the written census.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the recorders and executors of the testament.
Article 1031 4 . [ Obligation of the creditor which requested the inventory of the inventory] The creditor who has requested that the inventory be drawn up shall not refuse to accept the benefit due to him, even if the debt is not yet due.
Article 1032. [ Responsibility of heir to unknowingly or knowingly unpaid long succession] § 1. The heir who accepted the inheritance with the welfare of the stock and paid off some debts, and did not know, and with due diligence, could not find out about the existence of other inheritance debts, he was responsible for the unpaid long succession only to the extent of the difference between the value of the state of the active decline and the value of the benefits fulfilled for the settlement of the succession debts, which he repaid.
§ 2. The heir who took the inheritance with the welfare of the inventory and paying off some debts, he knew, or with due diligence, could find out about the existence of other inheritance debts, he was responsible for these debts beyond the value of the state of active decline, but only to the extent to which it would be required to satisfy it, if it had been duly paid for all debts. This does not apply to an heir who does not have full capacity for legal acts and the heir to which there is a basis for his incapacitation.
Article 1033. [ Responsibility for Records and Commands] The liability of the heir to the ordinary records and instructions shall be limited to the value of the state of the active inheritance.
Art. 1034. [ Solidarity on the responsibility of the heirs] § 1. Until the fall of the estate, the heirs are jointly and severally liable for the debts of the succession. If one of the heirs has fulfilled the benefit, he/she may demand a return from the other heirs in the parts that correspond to the size of their shares.
§ 2. From the moment of the division of inheritance the heirs bear the responsibility for the debts of the succession in relation to the size of the shares.
Article 1034 1 . [ Liability for long succession to the moment of division of the estate] § 1. At the time of the division of the succession together with the heirs, the responsibility for the debts to the successors has also been borne by the persons to whom the deceased had made recovery records.
§ 2. The reckoning between the heirs and the persons to whom the recovery records have been made shall take place in proportion to the value of the claims received by them. The heirs shall be taken into account for their share of the value of the inventory list or the inventory of the stock of active decline.
Article 1034 2 . [ Liability for long succession from the moment of division of the estate] Since the inheritance of the heirs and the persons to whom the recovery records have been made, they shall be liable for the debts of the successors in proportion to the value of the succession received by them.
Article 1034 3 . [ Liability of the person on whose behalf the recovery is made] The liability of the person on whose behalf the recovery is made for the debts of the debt is limited to the value of the object of the collection of recovery by state and prices at the time of the opening of the inheritance.
TITLE VIII
Share of estate and inheritance
Article 1035. [ Shares in fractional parts] If a decrease falls to a number of heirs, the share of the estate's succession and the inheritance department shall apply mutatis mutandis for joint ownership in fractional parts subject to the provisions of this Title.
Article 1036. [ Regulation for the succession] The heir may, with the agreement of the other heirs, distribute the share of the succession. In the absence of the agreement of any of the other heirs, the Regulation shall be ineffective in so far as it would violate the privileges of that heir under the provisions of the section of the estate.
Art. 1037. [ Department of decline] § 1. The drop department may be either under contract between all the heirs, or by a court decision upon the request of any of the heirs.
§ 2. If the estate belongs to the estate, the contract of the department should be concluded in the form of a notarial deed.
Article 1038. [ Total and partial department] § 1. The litigation department should cover the entire decline. However, for important reasons it may be limited to part of the decline.
§ 2. The umbious department of decline may cover the whole decline or be limited to the part of the decline.
Article 1039. [ Advance donations to a succession of inheritance] § 1. If, in the event of a statutory inheritance, the inheritance is between the relentless or between the relentless and the spouse, the heirs shall be mutually liable for the inheritance of inheritance received from the deceased donations and the recovery records, unless it is apparent from the statement of the deceased or from the circumstances that the donation or the recovery record has been made with exemption from the obligation to pass.
§ 2. The deceased may include an obligation to include a donation or a collection of debt collection on a succession of inheritance as well as a statutory heir not mentioned in the preceding paragraph.
§ 3. They shall not be subject to the inheritance of a succession of minor donations customarily in the data adopted.
Article 1040. [ Donations in excess of a succession of inheritance] If the value of the donation or the writ of debt collection exceeds the value of the inheritance schede, the heir shall not be obliged to repay the surplus. In such cases, they shall not be taken into account in the section of the inheritance or of the donations or records of recovery or of the heir responsible for their crediting.
Article 1041. [ Advance of donations made to the further rally] The further relentless of the deceased shall be obliged to pass on the inheritance of the donation and to record the recovery made by the deceased in favour of the deceased's initial payment.
Article 1042. [ Way of crediting with a succession of inheritance] § 1. The credit for inheritance shall be carried out in such a way that the value of the donations or of the recovery records that are deductible is counted as a part of the inheritance or part of the inheritance which is divided between the successors obliged to do so by the of the advance, the inheritance of each of these heirs shall be calculated, and each of them shall be credited to the amount of the donation or recovery order to which it is deductible.
§ 2. The value of the subject matter shall be calculated according to the state at the time of its completion, and at the time of the department of inheritance.
§ 2 1 The value of the object of the debt collection shall be calculated according to the state at the time of opening of the inheritance, and at the time of the share of the inheritance
§ 3. No account shall be taken of the benefits of the subject matter of the gift or of the record of recovery when the inheritance is included.
Article 1043. [ Passing of education and training costs] The provisions on the payment of donations to a succession shall apply, as appropriate, to the reduction in the costs incurred by the deceased in respect of the cost of education and of general and vocational education, in so far as those costs exceed the average measure taken in that particular case. environment.
Article 1044. [ Ownership of a succession subject] At the request of two or more heirs, the court may expel them to the succession of inheritance schedes in whole or in part in such a way that they will give them a certain object or certain objects belonging to the inheritance as co-ownership in the specified fractional parts.
Art. 1045. [ Conclusion of a contract of inheritance under the influence of error] Failure to deal with the legal effects of an agreement on a share of a decline concluded under the influence of an error may occur only if the error concerned the facts which the parties considered to be unquestionable.
Article 1046. [ Gloves for defects] After the division has been made, the heirs are mutually liable for physical and legal defects in accordance with the provisions on the sale of the heirs. The warranty of the succession shall also extend to the solvency of the debtor.
TITLE IX
Contracts relating to inheritance
Article 1047. [ Prohibition of entering into a contract for future decline] Subject to the exceptions provided for in the title, this contract for a loss after a living person shall be invalid.
Art. 1048. [ Inheritance of succession] The statutory heir may by agreement with the future deceased will relinquise the succession after him. Such an agreement should be concluded in the form of a notarial deed.
Article 1049. [ Effects of renunciation] § 1. The renunciation of inheritance also includes the descending rapeseed, unless otherwise arranged.
§ 2. The renunciation and its descendants, which include the renunciation of the inheritance, shall be excluded from the succession, as if they would not see the opening of the inheritance.
Art. 1050. [ Agreement for the waiver of renunciation of inheritance] The renunciation of inheritance may be waived by a contract between those who relinquished the inheritance, and who, after whom the succession has been renounced. The Agreement should be concluded in the form of a notarial deed.
Article 1051. [ Falling down] The heir, which has taken a decline, may decrease this fall in whole or in part. The same applies to the divestment of the share of succession
Art. 1052. [ Agreement to divudiate the inheritance] § 1. A contract of sale, conversion, donation or other agreement requiring a divestiture of the inheritance shall transfer the inheritance to the purchaser, unless otherwise decided by the parties.
§ 2. If the conclusion of a contract transferring a decrease occurs in the execution of an obligation arising from a previously concluded contract obliging to dispose of the inheritance, the validity of the contract transferring the inheritance depends on the existence of that obligation.
§ 3. The agreement obliging the divestment of the inheritance should be concluded in the form of a notarial deed. The same applies to the contract that carries the inheritance, which is concluded in order to implement the pre-existing obligation to divexus.
Article 1053. [ Rights and obligations of the purchaser of decline] The purchaser of the inheritance shall enter into the rights and obligations of the heir.
Art. 1054. [ Obligations of the divestment of inheritance] § 1. The divestiture of the inheritance is obliged to issue what the divestment, loss or damage of the items belonging to the inheritance has been obtained in return of these items or as a repair of the damage, and if the divestment of the inheritance was paid, also to the compensation the loss of value resulting from the consumption or the Regulation free of charge of the items belonging to the inheritance.
§ 2. Zbywca may require the purchaser to reimbursable expenses and expenses made for a decrease.
Art. 1055. [ Liability of the buyer of inheritance for the long succession] § 1. The buyer of the estate shall be liable for the debts of the succession in the same range as the seller. Their responsibility to the creditors is solidarity.
§ 2. In the absence of a different contract, the purchaser is liable to the seller's liability for the fact that the creditors will not be required to meet the benefits for the satisfaction of the succession debts.
Article 1056. [ Exclusion of a hand for the disadvantages of the individual items of the inheritance] In the event of a divestment of the inheritance, the heir shall not be liable for the warranty for the physical and legal defects of the individual items belonging to the inheritance.
Article 1057. [ Transition of benefits and burdens] The advantages and burdens associated with the items belonging to the inheritance, as well as the danger of their accidental loss or damage, pass to the purchaser upon the conclusion of the contract of divestment of the inheritance, unless otherwise agreed.
TITLE X
Special provisions on the succession of agricultural holdings
Article 1058. [ Statutory inheritance of agricultural holdings] The provisions of the titles preceding the book of this amendment, as amended by the following provisions, shall apply to the succession from the Act of agricultural holdings covering agricultural land with a surface area exceeding 1 ha.
Article 1059. [ Grounds of inheritance] [ 4] The heirs shall inherit the agricultural holding, if at the time of opening of the inheritance:
1) they continuously work directly in agricultural production or
2) have professional preparation for the production of agricultural production, or
3) are minors or they are taught by profession, or they attend schools, or
4) are permanently incapable of working.
Art. 1060. [ Inheritance of the grandchildren's grandchildren] [ 5] Within the limits laid down in Article 931 § 2 of the grandchildren of the deceased, who at the time of opening of the inheritance meet the conditions laid down in art. 1059 points 1 and 2, they shall also inherit the agricultural holding when their father or mother cannot inherit the holding for the absence of the conditions laid down in Article 4 (1) or (2) of the basic Regulation. 1059. This provision shall apply mutatis mutandis to further descendants.
Article 1062. [ Inheritance of the deceased's siblings] [ 6] § 1. The deceased's siblings, which at the time of the opening of the estate, comply with the conditions laid down in the Article 1059 points 1 and 2, inheriting the agricultural holding also if the keepers of the estate cannot inherit the holding for the absence of the conditions laid down in the art. 1059 or in art. 1060.
§ 2. Within the limits laid down in Article 934 the children of the estate of the deceased, who at the time of opening of the inheritance meet the conditions provided for in the Article. 1059 points 1 and 2, they shall also inherit the agricultural holding when their father or mother cannot inherit the holding for the absence of the conditions laid down in Article 4 (1) or (2) of the basic Regulation. 1059 or in § 1 of this Article. This provision shall apply mutatis mutandis to further descendants.
Article 1063. [ Back to the inheritance on a general basis] If neither the spouse of the deceased nor any of his relatives who are called to inherit from the law are equal to the conditions laid down for the inheritance of the agricultural holding, or if only those persons who are entitled to inherit the law are entitled to succession, the opening of the inheritance is permanently incapable of working, the holding inherits the heirs on a general basis.
Art. 1064. [ Delegation] [ 7] The Regulation of the Council of Ministers will determine which professional preparation is considered to be a professional preparation for the production of agricultural production, as well as accidents in which the collection of the profession or the attendance of schools entitles to the inheritance of the holding In general, the Commission will be able to establish a common agricultural policy for the European Community.
Art. 1067. [ Write] § 1. The provisions of Article 4 (1) of the Financial Regulation shall apply mutatis mutandis to the provision of cash benefits. 216.
§ 2. If the execution of the recording would lead to the division of the agricultural holding or the land contribution in the agricultural production cooperative, contrary to the rules of the proper agricultural economy, the heir obliged to carry out the transcript may demand replacement the object of the recording of the cash.
Art. 1070. [ Distribution of agricultural holding] In the case of division of the agricultural holding, which is part of the decline, the rules on the distribution of agricultural holdings shall apply mutatis mutandis.
Article 1070 1 . [ To be involved in a decline in the holding of an agricultural holding] For the divestment of a decrease or part of a decline or a share of the inheritance of an agricultural holding or agricultural property within the meaning of the provisions of the Act referred to in Article 166 § 3, the provisions of this Act concerning the divestment of agricultural property shall apply.
Art. 1079. [ Becoming a share of the decline] Where, in addition to the agricultural holding, the inheritance includes other property items, the shares of the heirs on the holding shall be counted as part of their shares in the whole of the inheritance.
Article 1081. [ Liability for long succession in connection with the holding of the holding] The responsibility for the debts resulting from the holding of the holding shall be borne by the succession of the estate to which the holding has fallen, and the heirs receiving the payment from the farm. Each of these heirs shall be liable in relation to the value of the share received. Responsibility for other debts shall be borne by all the heirs on a general basis.
Art. 1082. [ Persist] Where an agricultural holding is to be declining, the retention shall take into account the provisions of this Title and, accordingly, the provisions of this Title. 216.
Article 1086. [ Contribution of land to cooperatives] The provisions of this Title shall apply mutatis mutandis in the case where the land contribution to the agricultural production cooperative is to be declining, unless the provisions of the following are otherwise provided for in the provisions of the Regulation.
Article 1087. [ Inheritance of the land contribution] [ 8] § 1. The drop in land in the agricultural production cooperative inherits from among the heirs, who, at the time of the opening of the estate:
1. are members of that cooperative, or
2) either are minors, or they are taught by profession, or they attend schools, or
3) are permanently incapable of working.
§ 2. In the absence of the heirs referred to in the first paragraph of the paragraph preceding the land contribution in the agricultural production cooperative, the heirs who work in the cooperative's farm or within six months of the date of the first subparagraph shall also be inherited from the agricultural cooperative. the opening of the decline will be members of this
§ 3. The provisions of the preceding paragraphs shall also apply to the parcels and habitats where they belong to the inheritance.
Art. 1088.
1) This Act shall apply to the transposition of Directive 2000 /31/EC of the European Parliament and of the Council of 8 June 2000 on the transposition of Directive 2000 /31/EC. on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (Directive on electronic commerce) (Dz. Urz. EC L 178, 17.07.2000, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 25, str. 399).
[ 1] On the basis of art. 14 of the Act of 14 April 2016. on the cessation of the sale of the real estate of the Agricultural Property of the State Treasury and of the amendment of certain Laws (Journal of Laws of the Act of 585), art. 172 § 3 shall not apply if the planting ended before the end of the 3 years from 30 April 2016.
[ 2] On the basis of art. 4 par. 1 of the Act of 22 July 2010. on the amendment of the Act-Civil Code, the Act-Code of Civil Procedure and the Act-bankruptcy and remedial law (Journal of Laws No. 155, item. 1037) art. 417 1 § 2 shall apply to the decisions which have arerced from 17 October 1997.
On the basis of art. 4 par. 3 of the Act of 22 July 2010. on the amendment of the Act-Civil Code, the Act-Code of Civil Procedure and the Act-bankruptcy and remedial law (Journal of Laws No. 155, item. 1037) on the decisions which have been the subject of an entitlement to the period from 17 October 1997. by 1 September 2004, the application for a declaration of illegality of the decision may be brought within 2 years from the date of entry into force of this Act, i.e. until 25 September 2012
[ 3] On the basis of the notice of the President of the Constitutional Tribunal of 18 December 1997 of the loss of power in force. 1 point 2, art. 1 point 5, art. 2 points 2, art. 3 points 1 and art. 3 point 4 of the Act on the amendment of the Act on Family Planning, Protection of Human Rights and Conditions of Admissibility Of Abortion of Pregnancy and on the Change of Certain Other Laws (Journal of Laws of the Act of 1040) in art. 446 1 the second sentence expired on 23 December 1997.
[ 4] On the basis of the judgment of the Constitutional Court of 31 January 2001. (Journal of Laws No 11, pos. 91) art. 1059: (a) as set out by the Act of 26 October 1971. amending the Law of Civil Code (Journal of Laws No. 27, item. 252) and as set out by the Act of 28 July 1990. on the amendment of the Act-Civil Code (Journal of Laws No. 55, item. 321) is in accordance with art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it relates to the succession opened before the date of publication of this judgment in the Journal of Laws, is inconsistent with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it refers to the succession opened from that date; (b) in the wording given by the Act of 26 October 1971. amending the Law of Civil Code (Journal of Laws No. 27, item. 252) is not inconsistent with art. 32 par. 1 and 2 and art. 64 par. 3 of the Constitution of the Republic of Poland; (c) in the wording given by the Law of 28 July 1990. on the amendment of the Act-Civil Code (Journal of Laws No. 55, item. 321) is not inconsistent with art. 32 par. 1, art. 37 and art. 64 par. 3 Constitution of the Republic of Poland and Art 1 Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms (Journal of Laws 1995) No. 36, pos. 175, z Late. zm.). Article 1059 in the abovementioned The extent to which it had expired on 14 February 2001
[ 5] On the basis of the judgment of the Constitutional Court of 31 January 2001. (Journal of Laws No 11, pos. 91) art. 1060 as amended by the Act of 28 July 1990. on the amendment of the Act-Civil Code (Journal of Laws No. 55, item. 321) is not inconsistent with art. 32 par. 1, art. 37 and art. 64 par. 3 Constitution of the Republic of Poland and Art 1 Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms (Journal of Laws 1995) No. 36, pos. 175, z Late. zm.), is compatible with art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it relates to the succession opened before the date of publication of this judgment in the Journal of Laws, is inconsistent with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland in so far as it relates to the declines opened from that day. Article 1060 in the abovementioned The extent to which it had expired on 14 February 2001
[ 6] On the basis of the judgment of the Constitutional Court of 31 January 2001. (Journal of Laws No 11, pos. 91) art. 1062 as amended by the Act of 28 July 1990. on the amendment of the Act-Civil Code (Journal of Laws No. 55, item. 321) is in accordance with art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it relates to the succession opened before the date of publication of this judgment in the Journal of Laws, is inconsistent with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland in so far as it relates to the declines opened from that day. Article 1062 in the abovementioned The extent to which it had expired on 14 February 2001
[ 7] On the basis of the judgment of the Constitutional Court of 31 January 2001. (Journal of Laws No 11, pos. 91) art. 1064 as amended by the Act of 28 July 1990. on the amendment of the Act-Civil Code (Dz. U. Nr 55, poz. 321) is not inconsistent with art. 32 par. 1, art. 37 and art. 64 par. 3 Constitution of the Republic of Poland and Art 1 Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms (Dz. U. of 1995 No. 36, pos. 175, z Late. zm.), is compatible with art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it relates to the succession opened before the date of publication of this judgment in the Journal of Laws, is inconsistent with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland in so far as it relates to the declines opened from that day. Article 1064 in the abovementioned The extent to which it had expired on 14 February 2001
[ 8] On the basis of the judgment of the Constitutional Court of 31 January 2001. (Journal of Laws No 11, pos. 91) art. 1087 is in accordance with art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland, in so far as it relates to the succession opened before the date of publication of this judgment in the Journal of Laws, is inconsistent with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 1 and Art. 31 par. 3 of the Constitution of the Republic of Poland in so far as it relates to the succession opened from that date is not inconsistent with art. 64 par. 3 Constitution of Poland. Article 1087 in the abovementioned The extent to which it had expired on 14 February 2001
