Fahrnis
Movables (including chattels ) referred movable property (chattel) , in contrast to the immovable property ( real estate ). This includes all things that are neither land nor part of land. Movable describes the natural property of a thing. Driving right refers to the property law of movable property in contrast to property law. Enforcement refers to the foreclosure of furniture.
In older texts, the words farnis, farnus, varnde, flying or touching have and varende are used well as opposed to eigen, erbe, legendes gut . The Schwabenspiegel already says in 168a : “waz varende heats well so that we can say iu. Gold, silver, precious stones, vie, ros and allez, so that you can drift and carry. ” This also included wooden buildings that were not connected to the ground, anything that was not riveted and nailed down . For wooden houses it was true: "What the torch consumes is Fahrnis."
In Roman law , slaves were also part of the Fahrnis.
Term in Germanic and German legal systems
But as soon as the legal system for movable and immovable property issues special legal provisions, the natural term becomes a legal term. This happened only marginally in Roman law, but has always been very pronounced in Germanic-German law. The concept of Gewere has a profound distinction between Liegenschafts - out and Fahrni right to Gierke ( Ref : Gierke p 2) from the base to the top. This has continued into modern law, where an extensive register system was created for real estate, while there is nothing comparable for driving. However, there were also driving groups with a special legal status . Different rules always applied to real estate than to Fahrnis. This distinction arose from socio-political considerations, since the non-reproducible land was of greater importance in legal life, e.g. B. in the fiefdom . For a long time real estate also played a special role in the social status of a family. Therefore, the real estate movement was subject to many restrictions, in that the heirs had a say ( inheritance rights , alienation and encumbrance bans ).
In contrast, the Fahrnisrecht allowed the owner a great deal of freedom to dispose of it at an early stage. There were restrictions for certain material groups (military equipment, special goods for women) with special regulations, especially in the case of inheritance.
As soon as different regulations have been created for Fahrnis and properties, the natural property of mobility is no longer a mandatory feature of the assignment. So things that are physically movable can become immovable in the legal sense and vice versa. The reason for this was and is often to treat economically related items uniformly, e.g. B. to legally resolve the farm with its inventory, or a factual connection with an immovable property (e.g. the fruits in the field). The oldest example of the subordination of movable property to real estate law are the servants who were settled on the Herrenland, who were tied to clods , and the dead and living inventory (agricultural implements, supplies). Even fish in a pond and game in a forest only become movable property in certain legal systems when they are caught or shot ( Section 295 of the Austrian Civil Code ). Objects such as libraries or valuable items such as armor, gold and silver utensils were also temporarily equated with the properties. Ships were and are subject to real estate law in individual relationships ( ship register ).
The opposite way is less common. So the sown seeds and the not yet harvested fruits were treated as Fahrnis , although they were already connected to the ground. So that led Erfurt town charter of 1306 in Article 44 of. "Tub grain Odir same uffe the Ackir thrown host and ez the Eyde (Harrow) bestrichet so sal iz varnde they have." Something is it in today's legal obtained if the fruits on the stalk are subject to seizure ( Section 810 ZPO ).
French law
In some legal systems it was or is still possible today to determine the legal character of a thing by party agreement, for example in the French Art. 1505 ff. Civil Code . In the past, women's property could be declared immovable in order to limit the husband's legal options.
middle Ages
Since most goods used to be accessories to real estate, the right to drive was only of importance for trade.
Modern times
It was only through the mass goods after the industrial revolution that it gained decisive importance in legal life. The distinction between movable and immovable things also had an impact on the rights to things. The decisive factor was the legal classification of the matter to which the right existed. Easements on land, ban rights , real rights that granted the owners of land certain rights, memberships in certain land-related cooperatives (e.g. dike cooperatives) have always been immovable.
literature
- Hermann Conrad : German legal history. A textbook. Volume 1: Early and Middle Ages. 2nd, revised edition. CF Müller, Karlsruhe 1962.
- Otto von Gierke : German private law. Volume 2: Property Law (= Systematic Handbook of German Law. Abth. 2, Part 3, Vol. 2). Duncker & Humblot, Leipzig 1905, pp. 5 ff., 70 ff.
- Werner Ogris : Fahrnis. In: Reallexikon der Germanischen Altertumskunde. Volume 8: Euhemerism - Spruce. 2nd, completely revised and greatly expanded edition. de Gruyter, Berlin et al. 1994, ISBN 3-11-013188-9 , p. 167.
- Werner Ogris: Fahrnis, Fahrhabe. In: Concise dictionary on German legal history . Volume 1: Aachen - Spiritual Bank. 2nd, completely revised and enlarged edition. Edited by Albrecht Cordes , Heiner Lück , Dieter Werkmüller and Ruth Schmidt-Wiegand as philological advisor. Editing: Falk Hess and Andreas Karg. Erich Schmidt Verlag, Berlin 2008, ISBN 978-3-503-07912-4 , Sp. 1474-1477.