Absolute right

from Wikipedia, the free encyclopedia

Absolute rights give the person entitled an exclusive , legally protected right to rule over a certain legal position, which everyone must respect. The principle of absoluteness is one of the dominant principles of property law . Absolute rights work against everyone ( Latin inter omnes , also erga omnes ) and thus form the counterpart to relative rights , which in principle only work between the people involved ( Latin inter partes ).

civil right

An absolute right is characterized by the fact that the right holder excludes others from using it (exclusion function = negative scope) and can use the right alone (usage function = positive scope). The absolute rights can be divided into personal rights , real rights and intellectual property rights (quasi-real rights). The right to the established and exercised business enterprise is - with restrictions - also an absolute right. Whether marriage is also an absolute right is disputed.

Because of their validity vis-à-vis everyone, these rights must also be recognizable and determinable for everyone. There is therefore a compulsory type ( numerus clausus ) and the principle of publicity . The recognizability (publicity) serves z. B. the entry in the land register or in a register (patent, trademark). When it comes to property , absolute law U. be recognizable by possession ( presumption of ownership , § 1006 BGB). In copyright law, the absolute right becomes recognizable through the perceptible work created by the author .

Absolute rights are protected against everyone. Defense and compensation claims exist to protect against unlawful interference . This includes removal and injunctive relief , damages claims and enrichment claims from Eingriffskondiktion .

Absolute rights are not subject to the statute of limitations .

international law

Only the mandatory universal international law ( ius cogens ) like the core of human rights (prohibition of genocide , prohibition of slave trade, prohibition of piracy), the prohibition of violence and the prohibition of war of aggression develop absolute effects ( erga omnes ). These rules are not mandatory and must therefore be observed in individual cases by every subject of international law, even if there is no contractual obligation .


Web links

Individual evidence

  1. a b c Brox, Hans and Walker, Wolf-Dietrich: General part of the BGB. 42nd edition. Munich 2018, p. 281 f.
  2. Brox, Hans and Walker, Wolf-Dietrich: General part of the BGB. 42nd edition. Munich 2018, pp. 277–279.
  3. Lothar Philipps: Absolute and relative rights and related phenomena. The combinatorial recording of the design options . In: Ilmar Tammelo, Erhard Mock (ed.): Legal theory and legislation, Festschrift for Robert Weimar . Verlag Peter Lang, Frankfurt am Main / Bern / New York 1986, pp. 391-399.
  4. Brox, Hans and Walker, Wolf-Dietrich: General part of the BGB. 42nd edition. Munich 2018, pp. 278–280.
  5. International Law Federal Agency for Civic Education , 2015