Domiciliary right

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The domestic authority includes the fundamental right to protection of the living area (house of peace) and the power to decide who permitted at a private location and who he is denied, and to make the authority an access right to the fulfillment of conditions dependent (eg B. from paying an entrance fee ).


From the Middle Ages to the middle of the 18th century , domiciliary rights meant domestic and umbrella power over the household , members of the household , residential and farm buildings . With the domiciliary rights, the landlord had extensive powers in the Middle Ages. They ranged from marrying the daughters to killing the wife caught in adultery to selling the serf housemates in distress.



Domestic rights are part of the right to respect for private and family life laid down in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms ( European Convention on Human Rights , ECHR) of 1951 .


In Germany, domiciliary rights are based on property ownership or ownership ( §§ 858 ff. , § 903 , § 1004 BGB ). In Germany, it is primarily associated with the concept of peace in the home and the inviolability of the home according to Article 13 of the Basic Law . The domiciliary right also applies to commercial and freelance properties, such as an inn . The landlord is authorized to pronounce a house ban and, if necessary , enforce it with force ( self-defense , § 32 StGB ). If a house ban is violated, there is trespassing ( § 123 StGB). Failure to comply with access conditions can also have consequences under civil law.


In Austria, the basic right was established with Art. 9 Inviolability of Domestic Rights in the State Basic Law on the General Rights of Citizens  (StGG), that part of the December constitution for Cisleithanien from 1867, which is still valid today and has constitutional status . At that time the law for the protection of house rules of 1862 ( RGBl. No. 88/1862 ), in which the protection against arbitrary house searches by the authorities was anchored, was also recorded (according to Art. 9 StGG 1867) . Art. 8  ECHR was ratified as part of this in 1958 and is also part of the constitution.

Individual evidence

  1. ^ Anne-Marie Dubler : Domiciliary right. In: Historical Lexicon of Switzerland .