Nudum ius
The legal term nudum ius , Latin for “naked law”, describes a right that is completely empty in terms of content. Although it still exists formally, it no longer gives the owner any subjective powers. The term was already used in Roman law ( nudum ius quiritium ).
So in may private law the property become a nudum ius, when the surrender claim against the owner barred , but no adverse possession occurs. An example in German law: Although the owner retains ownership of the bicycle stolen over 30 years ago, which the thief has had since then, he cannot reclaim it because his claim to surrender ( § 985 BGB) expires after 30 years ( § 197 para. 1 no. 1 BGB) and is therefore no longer enforceable ( Section 214 BGB). The thief (as the actual owner), on the other hand, can not acquire ownership through possession due to his bad faith when procuring possession ( Section 937 (1), (2 ) BGB ). The formal position of property no longer corresponds to any possibility of use.
A right can also be undermined by the interference of the legislature. If, for example, a property owner is forbidden by law to use his property in any way, to build on it, to enter it or the like, then his property is only of a theoretical nature: Although the relevant law does not formally deprive him of his ownership, he can with his real right to property no longer manage and control as he wants. But precisely this is the typical content of property rights, as expressed in § 903 BGB. In this case, ownership of the property has “degenerated” to a nudum ius. In most cases, however, the rules of expropriation compensation apply .
Others
Bibliography
- Bodo Pieroth and Bernhard Schlink: Grundrechte Staatsrecht II , 20th edition 2004, Verlag CF Müller, ISBN 3-8114-9018-4 .
