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§ 116. Extinguishment of rights of third persons
- (1)
- Upon transfer of movable property ownership to a new owner by delivery, finding, specification, confusion, accession or prescription of a thing, the rights of a third person to the thing which were created before the transfer of ownership extinguish.
- (2)
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The rights of a third person do not extinguish:
- 1)
- if upon transfer of ownership the new owner knew or should have known of the rights of the third person to the thing;
- 2)
- if the thing was acquired on a basis prescribed in sections 93 and 94 without delivery of the thing into the direct possession of the acquirer;
- 3)
- in other cases provided by law.
§ 117. Compensation of third person for damage
- (1)
- A third person who incurs damage has the right to demand compensation for the damage from the new owner within one year after transfer of ownership pursuant to provisions concerning unjust enrichment.
- (2)
- The provisions of subsection (1) of this section do not apply if ownership is created by prescription.
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