Possessional property protection claim
The possessorial property protection claim ( Latin : possessio = possession or possessor = owner) is a claim that protects property and follows from actual possession. It is independent of whether the owner has a right to property or not. In the event of a disruption, he is directed to the failure of the disruption or the restoration of the previous property ( § 861 , § 862 BGB ). In the event of a current impairment of property through prohibited self -power, the owner has a right to self-help according to § 859 BGB.
The petitory property protection claim ( Latin : petitio = claim), on the other hand, is derived from the right to property , not from actual property itself. Therefore, they suppress possessoric property protection claims ( petitorium absorbet possessorium ). Petitory property protection claims are regulated in § 1007 Paragraph 1 and 2 BGB. They go back to the Actio Publicana in Roman law .
The Actio Publiciana as a "lawsuit from legally presumed property" is regulated in Austria in § 372 ff ABGB.
Web links
- Stephan Lorenz , Jörg Neuner: Property protection. Overview and examination schemes
- Ownership: acquisition and loss of ownership as well as property rights. FH Schmalkalden , knowledge database for commercial law
