Presumption of ownership
Anyone who wants to derive rights from ownership of an item must prove their ownership in court if necessary . Since it is practically impossible to present the development of ownership from the creation of a thing to the present without gaps, the German Civil Code (BGB) makes it easier to prove ownership by presuming ownership .
In the case of movable objects, it is assumed according to § 1006 BGB that the owner of an object is its owner. Exceptions apply in relation to a previous owner only if the item has been lost , lost or stolen. Again, this exception does not apply to money and bearer securities , for which the presumption of ownership therefore always applies.
For property ownership, it is assumed , according to § 891 BGB , that the person who is entered as the owner in the land register is actually the owner of the property.
To protect the creditors , in the case of spouses who are not separated, it is legally presumed that the owner of movable property owned by one or both spouses is the spouse who is the debtor ( § 1362 BGB, cf. also § 739 ZPO ). This presumption applies regardless of the property regime of the spouses, but not for items intended solely for the personal use of a spouse.
The owner removes the presumption of ownership, which is in dispute for him, by making unbelievable statements in the process.
The presumptions can ultimately be refuted by proving the opposite, i.e. the establishment of full judicial conviction of the property of the non-owner. In the case of foreclosure , a third party objection action is to be brought.
literature
Decision reviews
- Hadding , "The presumption of ownership according to § 1006 I BGB in the surrender right dispute - BGH, FamRZ 1970, 586", in: Juristische Schulung (JuS) 1972, pp. 183-185
Individual evidence
- ^ Judgment of the Higher Regional Court Koblenz of June 1, 2015, 12 U 991/14, NJW 2016, 331 with comment by Markus Würdinger