Antichresis
Antichrese ( Greek - Latin : counter use) describes in lien the transfer of the use of the pledge to the obligee, d. i.e. it is the combination of usage and exploitation rights. Antichresis will also use mortgage called.
Legal situation in Germany
The use deposit for movable property is regulated in the BGB .
The use pledge can be contractually agreed, see § 1213 Paragraph 1 BGB:
"The right of pledge can be ordered in such a way that the pledgee is entitled to use the pledge."
And the use pledge can arise by virtue of the law , see § 1213 Paragraph 2 BGB:
"If a thing that is naturally fruitful is handed over to the pledgee for sole possession, then in case of doubt it can be assumed that the pledgee should be entitled to purchase fruit."
It is important to note that under German law a right of use is only possible on Fahrnis .
Legal situation in Austria
In Austrian law, the antichresis is expressly forbidden in § 1372 ABGB ; a supplementary agreement to the pledge order contract on the usufruct by the pledgee is therefore not possible.
literature
- The Max Planck Institute for European Legal History presents the Rhenish-French of privileges and mortgage law dating back to 1876 are available in the second section on pages 307 - 336 is "off the antichresis" language.
