Community of hands
The general partnership is a community of people who are jointly entitled to certain assets . According to earlier legal terms, this corresponds to an inheritance . Every person has an ideal share in the total handicap , but not in the individual objects belonging to the property (physical objects (things) and non-physical objects (rights) such as claims). Rather, they are jointly available to the people, but are bound by collective ownership (see joint ownership ).
In contrast to the community of fractions ( BGB ), each joint owner is the owner of the whole thing and owner of the entire claim (“everyone owns everything”). The entire property is legally independent and detached from the other private assets of the entire owner. Since every joint owner is the bearer of joint property with equal rights, the property is jointly bound and the joint owners can only dispose of the property together.
A distinction must be made between the non-material part of the total property and the property. Each owner can freely dispose of this share. This share of the total assets is also referred to as the total ownership share (participation share).
The BGB recognizes four joint legal partnerships : the civil society ( BGB), the marital community of property ( BGB), the community of heirs ( BGB) and the non-incorporated association (§ 54 S. 1 BGB). Since the civil law and the basic framework for commercial partnerships forms also are general partnership ( para. 3 HGB ) and the limited partnership ( para. 2 HGB) Total Hand communities. The community of property owners and the community of authors ( Abs. 2 S. 1 UrhG ) represent further joint ownership communities . Until the Equal Rights Act came into force in 1958, the community of acquisitions , a modified form of community of property, also existed.
For the foreign company under civil law, a certain change in perspective has resulted from the recognition of their partial legal capacity through case law. For these - but not for the internal society under civil law - the prevailing opinion now assumes that the bearer of the company's assets is no longer the joint owners in their affiliation, but the external GbR itself.
The joint partnership can provide for a restriction of the rights of individual authorized persons in favor of other joint authorized persons:
The division of administration leads to the achievement of different advantages on the general community for the otherwise equally entitled. This was formerly known as an award . The administrative division therefore means the de facto division of the power of disposal over the entire property. The term Auszeigung for the management division has been in the past in various other contexts used (limit information, wood statement toll assignment). By dividing the administration, the administration of the joint property is divided among the joint owners in accordance with the agreement on special administration in connection with a special use. The entire hand as common property is retained.
Once an administrative division has taken place, it can be reversed by reuniting the rights to a unified whole.
Sharing of use
Through the division of use, the use of the joint property is divided among the joint owners in accordance with the agreement on special use. The entire hand as common property is retained. This was formerly known as Nutzteilung , Örterung , Mutschierung referred.
- Location is the agreement "by which parts of a fiefdom or a complex of mansions are assigned to persons for special use".
- Mutschar (Mutschar) is the agreement
- "Carry out a division of use in the case of a jointly owned property (inheritance, fief)".
- According to ennoblement , mutsching also means "a change in government, since in an indivisible province or rule of several brothers or relatives the government alternately led and divided the income among themselves, or even left the government to the eldest with the division of the income".
- "Tax a family member with their share of the family assets".
The division of use was often agreed for a specific time.
A division of use can be reversed by reuniting the rights to a unified common hand.
The division of substance means the dissolution of the joint community and joint ownership. This was formerly known as waddling (Watschar), dead division, deed division, real division or basic division. If the division of the property was carried out within the framework of a fief- lent joint ownership, this could possibly affect the fiefdom itself. In practice, therefore, attempts have been made to only establish a division of use or administration of collective ownership in order to avoid these legal consequences.
A division of the substance can be reversed by reuniting the rights to unified common ownership (for example, through pre-emptive rights or purchase rights), provided that the common common ownership partially continued.
- Archduchy of Austria # Development
- Ganerbschaft , Ganerbeburg
- House law , primogeniture , seniority principle
- Carl Friedrich Eichhorn: German state and legal history . Goettingen 1836.
- German legal dictionary (online edition) .
- Reinhard Bork: General part of the civil code . In: Textbook of Private Law . 2nd revised edition. Mohr Siebeck, Tübingen 2006, ISBN 3-16-149040-1 , p. 81 .
- Otto Palandt (ed.): Civil Code. 69th edition, Beck, Munich, para. 1 to § 719.
- See the examples in the online edition of the German legal dictionary .
- The word Mutschierung is derived from courage (Adelung it partly refers to the Swedish "Muta" - wage, gift, income) and "sheer" (division). In General Encyclopedia of Sciences and Arts ed. by JS Verlag and JG Gruber, Leipzig from 1832, ISBN 3-201-00093-0 , p. 380 f., courage is derived from Muth (free will). Mutation would thus be a division guided by free will.
- German legal dictionary .
- (similar also in the German legal dictionary )
- Carl Friedrich Eichhorn: German State and Legal History . Göttingen 1836, Volume III, p. 256.
- The term dead division refers to the fact that the community as a whole is finally dissolved through this division (the community is then dead ).
- Also referred to as date healing or deed division - division through an active act ( deed ).
- The term basic division refers to the fact that the whole community is finally dissolved through this division of the basic substance (entire hand object). The designation does not only refer to the division of land or a fruit enjoyment from the collective hand.
- Carl Friedrich Eichhorn, Deutsche Staats- und Rechtsgeschichte , Göttingen 1836, Volume III, p. 251.