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Book 5 · Law of succession  ›  Title 4 · Legacies › Section 2182

Liability for defects of title

(1) If an object specified only by class is bequeathed, the person charged has the same obligations as a seller under the provisions set out in section 433 (1) sentence 1 and sections 436, 452 and 453. They are to procure the object for the legatee free of defects of title within the meaning of section 435. Section 444 applies accordingly.

(2) In case of doubt, the same applies if a particular object which does not belong to the inheritance is bequeathed, notwithstanding the limitation of liability following from section 2170.

(3) If a plot of land is the object of the legacy, then in case of doubt the person charged therewith is not responsible for the freedom of the plot of land from easements, restricted personal easements and charges on land.

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