Use is any action that has an adequate causal connection with the purpose of an object . This includes both the one-time and the constant use of things. The question of the general use of an object depends primarily on its practical significance for the conduct of life and general activity. A commodity is accordingly any movable thing that can be used to bring about an economic or technical benefit . This means that it is not possible to make a certain distinction between equipment and objects of use. It is a spatially or technically uniform structure, the parts of which are physically or technically-functional. The commodity is constructed in such a way that it can be used repeatedly for the same purpose . It is not destroyed by its use, but only gradually worn out .
The commodity is a commodity , in contrast to a consumer good . It makes work easier , it works , it can be owned and used by economic subjects . His degenerative demand and widespread require that he now mostly industrially in mass production is made.
Articles of daily use in social law are those that are usually present in normal private households and are primarily produced and used by healthy people . With the last-mentioned judgment, objects of daily use are to be distinguished from aids , because only the latter according to (1) SGB V grant a right to supply, insofar as they are not to be regarded as general objects of daily use.
In patent law, the commodity is an object "which has an internal utility function that does not only consist of depicting the external appearance of the object or conveying information."
- Household appliances : kitchen appliances ( spoons , knives , refrigerators , washing machines , televisions );
- Home furnishings : furniture ( table , chair , cupboard ), luxury goods , toys ;
- Personal effects: clothing , accessories , glasses , jewelry , cell phones ;
- Means of transport : bicycles , automobiles ( motorcycle , motor vehicle , tractor );
- Operating and business equipment : work equipment ( paper clips , office furniture , personal computers ), telecommunications systems , work equipment .
On the other hand, an individually manufactured commodity can optionally also be an art object .
Surrender of use
The transfer of use plays a role in permanent obligations with transfer of ownership ( rent , loan , lease , leasing , franchising , usufruct ; but also credit with transfer of ownership ), whereby the owner allows the tenant, etc. to use the item by transferring ownership and thereby contractually from a own use is excluded. In addition to movable property , the subject matter of a transfer of use contract can also be rights ( property rights ) or money .
- Andreas Dorschel , Design - On the aesthetics of the useful. 2nd edition, Universitätsverlag Winter, Heidelberg 2003 (Contributions to Philosophy, New Series).
- Norbert Kamps, Fundamentals of Aids and Care Aids Supply , 2009, p. 35 f.
- Hugo Kexel, Collision of Patent and Utility Model , 1936, p. 36
- Hartmut Böhme, Fetischismus und Kultur , 2006, p. 106
- BSG , judgment of September 28, 1993, Az .: I RK 37/92
- BSG, judgment of August 22, 2001, Az .: B 3 P 13/00
- Christoph Kuhmann, The Protection of Applied Art in German and American Copyright Law , 1991, p. 145
- Henry Petroski, Messer, Gabel ,zipper: The evolution of everyday objects , 1994, p. 147
- Wolfgang lattice, leasing contracts , 1988, p. 1