Repetetorium 3 – Question 61 Name two real securities on immovable property. Mortgage §1115 – Studocu

Name two real securities on immovable property.

Mortgage §1115 and the land charge §1192 Paragraph BGB

What happens to an owner’s mortgage when the debt secured by the mortgage is paid?

It automatically becomes the owner’s land charge in accordance with Sections 1163 and 1177

**Question 63

List four effects of the accessory nature of the lien on movable property.

• The thing passes to the secured party §

• With the transfer, the lien passes to the creditor via Section 1250 Paragraph S.

• The lien cannot be transferred without the claim § 1250 Paragraph S.

• If the transfer of the lien is excluded when the claim is transferred, the lien also expires in accordance with Section 1250 Paragraph.

**Question 64

What are the ownership and possession relationships if Kiran Heinrichs transfers his forklift to his house bank to secure a loan, and what can the bank do in the event of default?

If Kiran transfers his forklift to the house bank to secure a loan, this is referred to as a security transfer. In order for Kiran to be able to own and use the forklift, ownership is established in accordance with Section 930 of the German Civil Code (BGB). Kiran is the direct owner and through the transfer in accordance with Section 930, the bank is the indirect owner and owner of the forklift. If there is a default, the property will be transferred back, as the owner can reclaim the property from the owner under Section 985.

The bank is the owner of the forklift and is the indirect owner (through agreement on an ownership structure in accordance with Sections 929 S, 930 BGB). Kiran Heinrichs remains the immediate owner of the forklift and can continue to use it. If he does not repay the loan, the lender can use the item to satisfy the claim, i.e. as the owner, do whatever he wants with it, e.g. sell or use yourself. In particular, she also has a right of publication against Kiran Heinric in accordance with Section 985 of the German Civil Code (BGB).

**Question 65

In the case of (simple) retention of title and transfer of title as security, ownership serves as security. What (practical) risk does this pose for the collateral buyer?

• Since the security provider is in possession of the item until the last payment, it cannot be protected by a bona fide purchase by a third party §932. The seller thereby loses all rights to the item.  Wrong paragraph

• In both cases, the security provider is in possession of the item, so that he can easily sell it on to third parties and they can do so in good faith, since in practice there is a presumption that the owner is also the owner (see also §1006 BGB) or that he is entitled to sell the item.

*** Question 66

Veronika Tellmann steals a valuable ring from her mother. However, she doesn’t want to sell it, she just wants to use it as collateral and give it back to her mother later. She borrows 5 euros from Althea Kammerer and gives her the ring as collateral without telling her that the ring is stolen. However, her mother finds out about this and demands Althea Kammerer’s ring back immediately. Does the mother have a right to it?

According to § 985 BGB, the mother can only demand the item from Althea Krammer if she is (still) the owner and Althea Krammer has no right to possession. The mother did not lose her property due to the theft or the pawning, so she is still the owner. However, if Althea Krammer acquired a lien on the ring, she would have a right to possession to repay the €5, otherwise the lien would expire (§ 1253 BGB). Veronika Tellmann is not the owner of the ring and has therefore not granted Althea Krammer a lien on it as the beneficiary pursuant to Section 1205. According to § 1207 BGB, the provisions of § 932, 934, 935 BGB applicable to the acquisition of property apply accordingly if the item does not belong to the pledger. Althea Krammer therefore did not acquire a lien on the ring in good faith according to §§ 1207, 932 BGB, since it was stolen § 935 Paragraph BGB. Althea Krammer therefore has no right to possession and has to give the ring to her mother.