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§ 36. Acquisition of possession
- (1)
- Possession is acquired by gaining actual control over a thing or over the means which enable actual control over the thing or by commencing exercise of a real servitude.
- (2)
- Agreement between the current possessor and the acquirer is sufficient for the acquisition of possession if the acquirer is able to exercise actual control over the thing.
- (3)
- Whether a person has gained actual control over a thing shall be decided on the basis of the circumstances.
§ 37. Acquisition of indirect possession
Indirect possession is acquired by assignment to the acquirer of the right to demand delivery of a thing if the transferor of the thing themself or a third person remains in possession of the thing.
§ 38. Transfer of possession to successor
Possession transfers to a successor.
§ 39. Termination of possession
- (1)
- Possession terminates if a possessor relinquishes actual control over a thing or loses it in any other manner, or by extinguishment of a real servitude.
- (2)
- A temporary impediment or interruption in the exercise of actual control does not terminate possession.
- (3)
- Whether a person has lost actual control over a thing shall be decided on the basis of the circumstances.
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