§ Sec­tion 1258 BGB in the share of a co-owner

Rea­liza­ti­on due to

1258 BGB

(1), the pled­gee may exer­cise his pledge of rights ari­sing from the com­mu­ni­ty of co-owners with regard to the manage­ment of the pro­per­ty and the man­ner of its use.

(2) The dis­so­lu­ti­on of the com­mu­ni­ty may only be deman­ded joint­ly by the co-owner and the pled­gee befo­re the pled­gee is entit­led to sell the pro­per­ty. After the right to sell has ari­sen, the pled­gee may demand the dis­so­lu­ti­on of the com­mu­ni­ty wit­hout the con­sent of the co-owners being requi­red; he is not bound by an agree­ment by which co-owners have excluded the right to demand the dis­so­lu­ti­on of the com­mu­ni­ty for good or for a limi­t­ed peri­od or have sti­pu­la­ted a peri­od of noti­ce.

(3) If the com­mu­ni­ty is dis­sol­ved, the pled­gee shall be entit­led to the pledge of rights to the objects which take the place of his share.

(4) The pled­ge­e’s right to sell the share remains unaf­fec­ted.