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§ 26. Expenses relating to thing
- (1)
- A person entitled to receive benefit from a thing shall bear the obligations and expenses relating to the thing.
- (2)
- If a person specified in subsection (1) of this section is not the owner and the obligations of the person are not clear, the owner of the thing shall bear the obligations and expenses relating to the thing.
§ 27. Classification of expenses
Expenses made on a thing are:
- 1)
- necessary if thereby the thing is preserved or protected from complete or partial destruction;
- 2)
- useful if thereby the thing is improved significantly;
- 3)
- sumptuary if the primary objective thereby is the comfort, amenity or beauty of the thing.
§ 28. Reimbursement of expenses
- (1)
- A person who in possessing a thing of another has made necessary expenses on it has the right to demand reimbursement from the owner, unless the maker of the expenses obtained possession of the thing through a criminal act.
- (2)
- A possessor in good faith has the right to demand reimbursement of useful expenses made on a thing from the owner to the extent exceeding the income received by the possessor from the fruit of the thing. Reimbursement shall not exceed the amount by which the value of the thing has increased due to the useful expenses.
- (3)
- An owner has the right, considering the owner's financial status, to demand a decrease in reimbursement of useful expenses made on a thing or exemption from payment of reimbursement. If the amount of reimbursement is decreased or the owner is exempted from payment, a possessor in good faith has the right to remove the improvements made by the possessor without damaging the thing.
- (4)
- A possessor in bad faith does not have the right to demand reimbursement of useful expenses made on a thing from the owner. The possessor has the right to remove the improvements made by the possessor without damaging the thing.
- (5)
- A person who in possessing a thing of another has made sumptuary expenses on the thing does not have the right to demand reimbursement. The person has the right to remove the items of comfort and amenity and ornaments added by the person without damaging the thing.
§ 29. Valuation of thing
- (1)
- A thing shall be valuated on the basis of usual value or the special interest of the possessor.
- (2)
- The usual value of a thing is its average local selling price (market price).
- (3)
- The usual value of a thing shall be deemed its value unless otherwise provided by law or a transaction.
- (4)
- Valuation of a thing on the basis of a special interest shall be based on the benefit that the possessor receives due to the possessor's personal situation, or the preference of the possessor for the thing due to the peculiarities of the thing or a special relationship to the thing, without considering its utility.
§ 30. Definition and classification of property
- (1)
- Property is things and monetarily appraisable rights and obligations belonging to a person unless otherwise provided by law.
- (2)
- Property is movable property or immovable property according to the classification of things into movables and immovables (section 8) and to the ownership of rights (section 31).
§ 31. Ownership of rights
- (1)
- Real rights form part of movable property or immovable property according to whether their objects are immovables or movables.
- (2)
- Rights of obligation and other personal proprietary rights form part of movable property.
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