Possession (Liechtenstein)
The Liechtenstein Sachenrecht blended with respect to the possession of both the elements of the Swiss Civil Code (Article 641 ff CC) and the Austrian Civil Code (öABGB). In the Principality of Liechtenstein , a property law, which is largely rezipiert from the Civil Code (1923) and simultaneously applies the law of obligations , which was taken from the öABGB (1812).
A final and practice-recognized review of this legal conflict on ownership in Liechtenstein civil law has not yet taken place. The case law of the Liechtenstein courts is based partly on the FL-ABGB and the Austrian case law on the Austrian Commercial Code and partly on the SR or Swiss case law on the ZGB.
The will to own is a prerequisite for ownership in Liechtenstein. Despite the repeal of § 309 of the FL-ABGB , the general regulations of the FL-ABGB and the PGR flow into the SR via Art 5 Paragraph 1 SR and the need for ownership can be derived from the still existing regulations, in particular the FL-ABGB can be derived as a necessary prerequisite (Antonius Opilio, SR-Arbeitskommentar, Art 498 ff SR).
