License agreement

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The concession agreement governs the law of obligations the ban waiver, and the waiver of enforcing injunctive relief of the rights holder to the beneficiary. An essential component is the granting and regulation of usage rights . Rent , lease and loan are the basic forms of the license agreement regulated by the German Civil Code (BGB) , whereby the term license agreement is not defined in the BGB.

Energy supply and telecommunications

The licensing agreement plays an important role in the areas of energy supply and telecommunications , specifically where the provision of services (supply) is not part of the contract, i.e. it is not a concession agreement . Rather, the focus is on the transfer of a right necessary for the supply ( right of use , right of management , right of way ).

The license holder, i.e. the energy supplier or the telecommunications company, receives permission from a property owner to install, lay, and operate lines and systems (cables, pipes, channels, transformer stations, mobile radio systems, etc.) on the property or on the property and / or leave it.

The contract structure is very similar to that of the lease agreement . However, since there is no fruiting, and therefore no yield, a distinction is made between the two types of contract.

The property owner usually receives financial compensation from the permit holder for the tolerance or permission . The amount of compensation is a matter of negotiation and is usually based on the degree of impairment caused by the permit. In this case, the financial compensation is also called the permission fee and can be of a one-off or regularly recurring nature.

Characteristic of the license agreement is the owner's duty to tolerate the facility and to keep it free from damage and obstruction. In return, the license holder undertakes to accept liability for damage resulting from the license.

In the case of the energy supplier, this usually has an interest in the long-term nature of such an agreement, so that the licensing agreement is often followed by a real security of the systems and lines in the form of a limited personal easement or an easement . The concession agreement is then added to the land register file and regulates the easement conditions.

Other permits

Permission to use without substantial transfer of ownership

Another area of ​​application for the license agreement is the regulation of the other use of third-party property outside of lease and rent (overbuilding, use of roads, overhang, etc.). Here, the licensing agreement can be used as a substitute under the law of obligations for an easement or a limited personal easement .

Example :
A uses a small part of B's ​​property for the access to his garage. A property cleanup is not desired. Likewise, B's property should not be encumbered by an easement .
A and B conclude a license agreement for shared use within the framework of a crossing right / right of way.

Also to be classified here are permits for the setting up of advertising media, for example an advertising panel on a property near a busy street.

Transfer of naming rights

License agreements also apply in the context of the transfer of usage rights to names. The real name of a natural person is non-transferable and inheritable, but the bearer of the name can allow a third party to use the name within the framework of a licensing agreement. Such a concession agreement has no real effect, but regulates the waiver of the bearer of the name on the enforcement of injunctive relief claims under the law of obligations.

License agreement in film law

In the form of a license agreement, the person concerned grants the producer the rights of use to information necessary for filming his story, while at the same time tolerating the associated violations of personal rights .

Web links

Individual evidence

  1. ↑ J. Schramm, J. Aicher, M. Fruhmann, R. Thienel: Bundesvergabegesetz 2002, commentary. Springer, Vienna / New York 2005, ISBN 3-211-00770-9 , p. 131.
  2. ↑ Volker Emmerich, Jürgen Sonnenschein: Rent: hand commentary. Sections 535 to 580a of the Civil Code. General principles of equal treatment. De Gruyter, Berlin / Boston 2011, ISBN 978-3-11-024864-7 , p. 6.
  3. ^ Ansgar Ohly: "Volenti Non Fit Iniuria": The consent in private law. Mohr Siebeck, Tübingen 2002, ISBN 3-16-147793-6 , p. 165.
  4. ^ Michael Ronellenfitsch: Street and energy supply in conflict: A contribution to the legal problem of follow-up costs. Duncker & Humblot, Berlin 1996, ISBN 3-428-08804-2 , p. 44.
  5. ↑ Volker Emmerich, Jürgen Sonnenschein: Rent: hand commentary. Sections 535 to 580a of the Civil Code. General principles of equal treatment. De Gruyter, Berlin / Boston 2011, ISBN 978-3-11-024864-7 , p. 6.
  6. ↑ Georg Hermes: State responsibility for infrastructure: basic legal structures of network-bound transport and transmission systems between services of general interest and regulation of competition using the example of line-bound energy supply in Europe. JCB Mohr (Paul Siebeck), Tübingen 1998, ISBN 3-16-146820-1 , p. 448.
  7. ^ Ansgar Ohly: "Volenti Non Fit Iniuria": The consent in private law. Mohr Siebeck, Tübingen 2002, ISBN 3-16-147793-6 , p. 165.
  8. ↑ Members of the Federal Court of Justice (ed.): The Civil Code: with special consideration of the case law of the Reich Court and the Federal Court of Justice. De Gruyter, Berlin 1982, ISBN 3-11-008973-4 , p. 67.
  9. ^ Artur-Axel Wandtke: Media Law: Praxishandbuch. De Gruyter, Berlin 2008, ISBN 978-3-89949-422-8 , p. 448.