Abstract:
The § 1192 Abs. 1a BGB become effective on 19 August 2008. Therewith, according to the official justification for the law, a protection gap should be closed, which was a result from the fact that a cessionary could acquire a land charge free from any objections resulting from the surety agreement between the cedent and the land owner. The present work examines in his first part if and if so to what extent this protection gap, which is suspected by the legislator, had existed. In his second part this work will examine the prescription of § 1192 Abs. 1a BGB. Herin, the structure of this (new) prescription will be analyzed and the consequences that come out of it will be described.