equipment

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The articles main thing (property law) and accessories overlap thematically. Help me to better differentiate or merge the articles (→  instructions ) . To do this, take part in the relevant redundancy discussion . Please remove this module only after the redundancy has been completely processed and do not forget to include the relevant entry on the redundancy discussion page{{ Done | 1 = ~~~~}}to mark. 2A02: 908: 1E1: 68A0: 89C3: 67F3: 6EF0: E5FF 19:52, Jan. 29, 2020 (CET)

Accessories is in German property law a movable thing that the purpose of a mainly used continuously and is to it in an appropriate spatial relationship.

Cellular accessories

General

Although this legal definition of Section 97 (1) sentence 1 BGB is easy to understand, it creates difficulties when used in everyday life. This is mainly due to the following regulations. With § 97 para. 1 sentence 2 BGB is to be clarified that the accessories those things do not belong to the legal relations are not considered as an accessory. What is generally regarded as an accessory according to the general understanding (traffic understanding) is also an accessory in the legal sense. The consequence of this can be that individual items are viewed as accessories in certain regions of Germany, but not in other regions. In § 97 para. 2 BGB is about the permanence of the relationship between accessories and main thing. Accordingly, there are no accessories if a movable item is only used temporarily for the economic purpose of a main item ( Section 97 (2) sentence 1 BGB). Conversely, the accessory property is not canceled if accessories are temporarily separated from the main item ( Section 97 (2) sentence 2 BGB).

properties

It is not always easy to distinguish between accessories and essential or dummy components . The typical accessory properties facilitate assignment to one of the groups.

  • Movable thing : Accessories must be a movable thing and cannot be an integral part, as they can only be separated from the main thing if the components are changed in their essence. However, if one or the other component can still be used economically in the previous way after separation - be it in connection with a new item - then accessories are available. The dummy component is a movable thing, but not an accessory, because it only temporarily belongs to a main thing without being part of it.
  • Durability : accessories must serve the main thing permanently and not just temporarily. This is decided by the dedication and purpose of the inserter. All items brought in by the tenant , leaseholder and borrower are considered non-permanent , as they are dedicated for a limited period of time. If the dedication is for a limited period of time or only to satisfy the needs of the current user, there are no accessories.
  • Serving function : There is a subordinate relationship between accessories and their main thing, because the accessories must serve the main thing and promote the purpose of the main thing. However, the accessory must not be further away from the main item than required by the serving function of the accessory. It must be in a place where it can exercise its serving function.
  • Economic purpose : Accessories serve the main economic purpose. It must enable or facilitate their economic use in such a way that the accessories are dependent on the main item. In addition, § 98 BGB contains examples of such an economic purpose, namely machines and other equipment of a commercial enterprise or equipment and cattle of an agricultural enterprise, the production machines in a factory .
  • Spatial relationship : This means the spatial proximity of the accessories to the main thing. The earmarked spatial relationship still exists if a temporary spatial separation occurs in accordance with Section 97 (2) sentence 2 BGB. This is the case, for example, when vehicles used for operational purposes move (far) away from the property , but return to it. In relation to the main property, these vehicles are accessories. Removing a vehicle temporarily cannot remove an accessory property that has arisen as long as the vehicle regularly returns to the property and is parked there. The legal feature of "bringing in" does not require a permanent, immovable whereabouts on the property; Rather, it is sufficient to actually bring the thing onto the property.
  • Traffic perception : The traffic perception is understood to be the general or specific viewpoint that emerges in the life and business habits of all those involved. The understanding of what accessories are can change over the years and is assessed differently from region to region. Items that are unnecessary or unsuitable for the purpose of the main item can also be accessories if the intended purpose of the inserter decides whether an item becomes an accessory. The intended purpose required thereafter is usually carried out through conclusive action, for which the actual use of the thing for the economic purpose of another thing can be an indication.
  • Special legal capacity : It can be the subject of rights and therefore be sold or encumbered or attached without the main item , as long as accessories belong to a legally unencumbered main item and the main item itself is not the subject of dispositions (see legal consequences).

species

Accessories include factory vehicles, hotel buses, the building material on a building site, supplies for heating (oil, coal, gas), construction machinery from a construction company or built-in furniture from series production. The raw materials , auxiliary materials and supplies on a factory site or the goods intended for sale in a company are not accessories . Even the vehicles of a freight forwarding company do not have accessory properties, because with this service company the economic purpose of operation unfolds on the road network and therefore the property cannot be regarded as the main thing. In this respect, these motor vehicles can therefore be transferred by way of security without hesitation.

Legal consequences

As a movable object, accessories have special legal rights. But since it is in an economic relationship with the main thing, it should regularly share their legal fate. Therefore, the classification as an accessory has significant legal consequences, because after

  • § 311c BGB extends the obligation to sell or encumber an item in case of doubt also to its accessories;
  • Section 926 (1) sentence 2 of the German Civil Code (BGB) extends the transfer of property to its accessories in case of doubt;
  • § 1031 BGB, the usufruct of a thingextendsto its accessories;
  • In accordance with Section 1120 of the German Civil Code, the property owner is liable inrem tothe obligee of a mortgage, including his property accessories. For this reason, the foreclosure on property ( Section 865 (1) ZPO) also includes the property accessories, which according to Section 865 (2) sentence 1 ZPO cannot be seized separately (non- seizure in the context ofthe foreclosure of the property). According to § 1121 Abs. 1 BGB, accessories are only released from liability in the event of their sale if they have been removed from the property prior to confiscation. The removal of accessories after the seizure also does notexempt them from liability inaccordance with Section 1121, Paragraph 2, Clause 2 of the German Civil Code (BGB), because this assumes that the purchaser is in good faith with regard to the seizure when removing them.

Despite their special legal capacity, these legal norms treat accessories as if they were an essential part of the main thing. Outside of these regulations, the accessories remain an independent movable object.

Accessories in everyday language

In colloquial language , accessories are also those objects which, in the case of everyday objects, enable their functionality , supplement or expand the basic equipment or improve the intended use through their properties. The device accessories that make the functionality possible must be delivered with the purchased item and must be included in the purchase price . This results from the provision of § 311c BGB, according to which the purchase contract also extends to the accessories of the purchased item in case of doubt. What counts as accessories is to be regarded as a question of fact . Accessories that enable functionality in the first place must be included in the purchase price and must be supplied. In motor vehicles contained spare tires , warning triangles , first aid kits and fire extinguishers are accessories of the motor vehicles. The accessories that improve the intended use are usually offered at an additional cost and do not have to be part of the delivery .

Affiliation (Austria)

Belonging within the meaning of §§ 294 to 297 ABGB are physical things that, without being part of the immovable property , are intended for continued use of the main thing according to the law or the will of the owner and have been brought into spatial relationship with it. Belonging is understood to mean that which is permanently connected to a thing. This includes not only the growth of a thing, as long as it is not separated from it, but also the ancillary things, without which the main thing cannot be used, or which the law or the owner has determined for the continued use of the main thing ( § 294 ABGB) . Objects that are inherently movable are considered immovable in the legal sense if, by virtue of the law or the determination of the owner, they constitute an immovable property ( Section 293 sentence 2 ABGB).

Affiliation (Switzerland)

Zugehör are movable objects which have been transported to local use or to the will of the property owner permanently in a connection to the site, where they are intended (Art. F 644th CC ).

According to Art. 644, Paragraph 2 of the Civil Code, moveable items are included which, according to the customary opinion or the clear will of the owner of the main item, are permanently intended for their management, use or safekeeping and which are incorporated into the main item by combining, adapting or otherwise Relationship to the main thing in which they have to serve her. Only material and movable things can belong. Depending on local usage (cantonal law), these are hotel furniture, production facilities, energy facilities for factories, etc. The affiliates share the fate of the main thing, not only when the property is sold, but also when the property is forcibly disposed of. If membership status is established not by law, but at the instigation of the landowner, a list of the objects belonging to it is noted in the land register at the request of the landowner (Art. 946 (2) ZGB; GBVo 78). If an affiliation comment has been made, the quality of the affiliation is presumed , as long as it is not shown that the matter is in accordance with the regulations of Switzerland. Civil Code cannot be part of (Art. 805 para. 2).

The Swiss legal definition is identical to the German interpretation of § 97 BGB.

Web links

Wiktionary: Accessories  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ a b Robert Winterstein: General part of the BGB , 2011, p. 50.
  2. ^ BGH, judgment of October 8, 1955, Az. IV ZR 116/55, full text = BGHZ 18, 226, 229.
  3. ↑ a b BGH, judgment of December 14, 1973, Az. V ZR 44/72, full text = BGHZ 62, 49, 52
  4. ↑ a b BGH, judgment of February 1, 1990, Az. IX ZR 110/89, full text .
  5. ^ Benno Mugdan , Motive BGB , 3, 63
  6. ^ Hans-Josef Wieling: Matters Law , 1999, p. 96.
  7. ↑ RG, judgment of March 17, 1915, Az. Rep. V. 487/14, Leitsatz = RGZ 86, 326, 328 f.
  8. ^ BGH, judgment of October 23, 1968, Az. VIII ZR 228/66 = NJW 1969, 36.
  9. ↑ OLG Frankfurt am Main , judgment of May 19, 2006, Az. 24 U 11/06, full text .
  10. ^ RG, judgment of October 17, 1911, Az. Rep. VII. 123/11, guiding principle = RGZ 77, 241, 244.
  11. ^ BGH, judgment of February 1, 1990, Az. IX ZR 110/89, full text = NJW-RR 1990, 586.
  12. ↑ RG JW 1909, 70 f.
  13. ↑ RG, judgment of January 26, 1901, Az. Rep. V. 353/00, Leitsatz = RGZ 47, 197, 200 f.
  14. ↑ BGH, judgment of January 13, 1994, Az. IX ZR 79/93, full text = BGHZ 124, 380, 392 f.
  15. ↑ BGH, judgment of November 2, 1982, Az. VI ZR 131/81 = BGHZ 85, 234, 239.
  16. ↑ Andreas Schmidt / Olaf Büchler in: Journal for the Insolvency Office, 2007, 293.
  17. ↑ Kurt Schellhammer: Property law according to claim bases , 2013, p. 644.
  18. ↑ Eugen Klunzinger , Exercises in Private Law , 2003, p. 16.
  19. ↑ Art. 644 ZGB
  20. ↑ Art. 946 ZGB
  21. ↑ Art. 805 ZGB