Original acquisition of property

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The original acquisition of property (also: occupation ) is in jurisprudence the acquisition of property by law or sovereign act .

General

The opposite is the acquisition by virtue of a legal transaction , i.e. the derivative acquisition of property . Ownership of a thing is established through appropriation , possession , processing , mixing or finding .

German law

The facts of the acquisition of property by law are § § 946 to § 950 , § 93 ff. BGB . According to § 946, the connection as a permanent essential component to a uniform thing rearranges the ownership structure of the thing created. For the loss of property of the other, § 951 regulates compensation claims and, if applicable, rights of removal. Likewise, mixing and blending treated legally. The processing into a new thing with a relatively significant value of the processing regulates the ownership structure in favor of the manufacturer. This can after h. M. can, however, be determined via "processing clauses". Incidentally, the compensation claims to be processed under the enrichment law of Section 951 (1) BGB also apply here .

The acquisition of ownership of products and components is based on § § 953 ff. BGB.

Legal acquisition of property is also possible through occupation , i.e. through appropriation of abandoned property (such as wild animals), Section 958 of the German Civil Code . The same applies to found.

Bona fide possession of a thing that is continued for 10 years is also protected in accordance with § 937 ff. BGB and leads to the acquisition of property through possession.

Various acts of sovereignty also convey new ownership structures, for example through "surcharges" in foreclosure proceedings in properties according to the ZVG on the occasion of the auction of seized movable property .

Austrian law

There is direct and indirect primary acquisition. The terms "indirect" and "direct" ( § 423 ABGB ) are not to be confused with "derivative" and "original". So all immediate types of acquisition are original; indirect forms of acquisition can be original (acquisition in good faith by unauthorized persons; possession) or derivative.

Immediate acquisition

The ABGB classifies the original types of acquisition as follows:

Indirect acquisition

Even in the case of acquisition types in which the derivative acquisition of property has failed, property can be acquired originally under special conditions , for example by perception .

literature

Web links

  • Austria: Heinz Barta: Outline of Civil Law . Chapter 2B. The teaching of title and mode web document , (www.uibk.ac.at)