Hand true hand

Hand true hand is a high medieval rule of law :

The owner of a movable property who has entrusted it to another can only demand it from him, not from a third party. If the thing was not stolen, it could not be reclaimed from a bona fide purchaser . The medieval law already knew in principle no complaints from the property , instead action for breach of Gewere .

This legal rule has been documented in various North German legal sources since the 14th century, the associated legal concept can already be found in Sachsenspiegel , Landrecht II, § 60 I. In addition, other medieval legal sources also know the opposite solution. The Germanic origin of the sentence is doubtful.

literature

Jörn C. Engstfeld: The acquisition of the unauthorized. The legal history development, especially in the 19th and 20th centuries (= Law . No. 12 ). Tectum-Verlag, Marburg 2002, ISBN 3-8288-8362-1 (The historical development from Roman law to the civil code of the German Democratic Republic, which is shaped by the contrast between the Roman vindication principle and the German law principle “hand, true hand”. ).
Andrea Korte-Böger: Application and dissemination of the legal principle “hand, true hand” in medieval German private law . Marburg 1981, p. 120 pages (University publication Marburg, Univ., Diss., 1981).

Individual evidence

↑ Uwe Wesel : History of the law: From the early forms to the present. CH Beck, Munich 2001, ISBN 978-3-406-54716-4 . P. 330 f.
↑ Rudolf Hübner : Grundzüge des Deutschen Privatrechts Leipzig 1908. (5th edition 1930), p. 433 ff.
↑ Erik Anners: Hand true hand. Studies on the history of the Germanic driving force tracking. In: SZ (German Department) Volume 70 Issue 1. Ed. By: Hans-Peter Haferkamp , Peter Oestmann , Joachim Rückert . Lund 1952.

[1] Uwe Wesel : History of the law: From the early forms to the present. CH Beck, Munich 2001, ISBN 978-3-406-54716-4 . P. 330 f.

[2] Rudolf Hübner : Grundzüge des Deutschen Privatrechts Leipzig 1908. (5th edition 1930), p. 433 ff.

[3] Erik Anners: Hand true hand. Studies on the history of the Germanic driving force tracking. In: SZ (German Department) Volume 70 Issue 1. Ed. By: Hans-Peter Haferkamp , Peter Oestmann , Joachim Rückert . Lund 1952.