Dereliction

from Wikipedia, the free encyclopedia

Dereliktion (of lat . De "from away" = and relin cross = "leave, leave") referred to as a legal concept , the task of the ownership of a thing in the apparent intention of the abandonment of the property by the owner .

Germany

It happens to German property law in movable property in accordance with § 959 BGB by dereliction with the will of that property to let go. The matter becomes ownerless , so that anyone can occupy or appropriate it. It depends on the circumstances of the individual case whether it can be inferred from giving up ownership that the will to do without. For example, it is controversial whether the provision of items for bulky waste leads to dereliction. In the standard case, this is affirmed by the prevailing opinion ; in some cases, the focus is on the individual case and a reminder is given to the reluctance to accept a declaration aimed at dereliction. In the case of personal items such as diaries, personal notes or self-painted pictures by a painter, a will (to transfer ownership) to destroy and not to give up ownership is assumed. Likewise, if a supermarket provides food in a locked container for collection by a disposal company (compare containers ). In any case, if any, waste statutes are to be observed, in which, if necessary, the original acquisition of property by the municipality can be regulated by appropriation.

Another example is the relinquishment of ownership of items that are not allowed to be carried before a security check at the airport . Typically there is a container in which, for example, bottles or the like can be disposed of. At Frankfurt Airport , the containers are labeled with surrender of ownership, § 959 BGB , at Stuttgart Airport with surrender of ownership according to § 959 BGB .

In the case of dereliction by minors, it is disputed whether the dereliction is a real act or a declaration of intent that does not need to be received in accordance with Section 111 BGB. If the latter opinion is followed, this declaration of intent would be regarded as legally disadvantageous, since the minor loses the legal position of property; If the consent of the legal representative (parents) is absent in this context , the declaration is ineffective and the property would remain the property of the minor. It would only have become dispossessed.

The dereliction of an immovable property ("real estate") can be made in accordance with Section 928 of the German Civil Code (BGB) by declaration to the land registry and entered in the land register . In this case, only the tax authorities (specifically: the respective federal state ) are entitled, but not obliged, to appropriate the abandoned property . If the state declares the waiver of this right, a third party can subsequently appropriate the property by making a declaration to the land registry (which must be given in accordance with Section 29 GBO ). The appropriation becomes effective through entry in the land register. If the country does not make a declaration to the responsible land registry (which is the normal case), the property remains ownerless, but the right of appropriation in favor of the country remains. The right of appropriation can be transferred to third parties by means of a sealed declaration ( Section 29.3 GBO) to the competent state authority. In the case of over-indebted land, the land can (and in practice will) declare to the land registry that it waives the right of appropriation.

In principle, dereliction frees the former owner from all burdens attached to the property. He is, however, as part of its police regulations state Störerhaftung further responsible for threats posed by land. The liability for the disruptor is limited to what is reasonable. A claim against the former owner of a property can also be unreasonable if a dangerous situation only arises after the ownership has been given up. Furthermore, on the basis of Section 4 Paragraph 3 Clause 4 Clause 2 BBoSchG, he is liable for the costs of any necessary decontamination . Real rights on land (eg. As mortgages ) are not affected by a property task.

Web links

Wiktionary: Dereliktion  - explanations of meanings, word origins, synonyms, translations

Germany:

Switzerland:

Individual evidence

  1. ^ Bonn Regional Court , judgment of June 25, 2002, file number 18 O 184/01 = NJW 2003, 673 (674), beck-online.
  2. ↑ Ravensburg Regional Court , judgment of July 3, 1987, file number 3 S 121/87 = NJW 1987, 3142, beck-online.
  3. ↑ Johann Kindl in BeckOK BGB, Hau / Poseck, 55th Edition, as of August 1, 2020 § 959 Rn. 2.
  4. ↑ Bavarian Supreme Regional Court , decision of October 2, 2019, file number 206 StRR 1013/19 , 206 StRR 1015/19.
  5. ↑ Inquiry from MPs Hofmeyer (SPD): Maintenance and security of state-owned and "ownerless" land and buildings in the Kassel district and answer from the Minister of Finance on August 11, 2010 (PDF; 63 kB).
  6. ↑ Environmental and Planning Law , Volume 6/2010, p. 239.
  7. ↑ OVG Münster , decision of March 3, 2010, Az. 5 B 66/10, full text = NJW 2010, 1988.
  8. ↑ See Hans-Dieter Ehlenz / Kathrin Hell: The abandonment of ownership of a property from the creditor's point of view, ZfIR 2010, 171.