Property Law Under The German Legislation


  • R.M. Heints


proprietary rights, possession, property rights, real rights to someone else's property, easement, inheritance law of building leasehold , preferential right to purchase collateral.


       The article examines the provisions of Book 3 «Proprietary law» of the German Civil Code, that is dedicated to regulation of legal relations in Germany. The author defines the constituent elements of the system of proprietary rights according to the legislation of Germany, reveals the concept, content and features of this rights. Attention is drawn to the fact that property right has detailed regulation in German law and widely used in practice.

The main proprietary right for German Civil Code is property rights, which may be complete or incomplete (limited). The proprietor can behave with things at its own discretion and eliminate others from any influence on it. Partial property rights is regarded as a form of limited real rights. The Civil Code of Germany does not define the legal category of «property rights» and does not specify the content of subjective property right through powers of the owner.

Possession in Civil Code of Germany defined not as a right, but as a fact which captures and confirms certain things. Accordingly, the property right and possession under opposed to each other as right and fact. German civil law distinguishes two types of possession - direct and indirect.

The system of real rights to other people's things in Germany are well represented and includes easements (land easements, usufruct, limited personal easement), inheritance law development, preferential right to purchase, real encumbrance, recognisance. In the Civil Code of Germany the object of usufruct may be the thing, the right and the property.

Under the provisions of German Civil Code it can be distinguished three types of pledges 1) mortgage; 2) pledge movable things; 3) pledge rights.

Each of these types of proprietary rights receives detailed regulation in the German Civil Code and have high degree of abstraction, respectively, can resolve a wide range of relationships.