Priority principle

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The priority principle (also the priority principle ) is used in various legal areas and describes rules according to which, among several similar processes, only the earlier one is to be taken into account (prior tempore potior iure) .

In the case of dispositions, this principle has the consequence that if a person entitled to dispose of the same right has several dispositions, only the oldest is effective, while subsequent dispositions are ineffective, since ownership of the rights ends when the first disposition becomes effective.

The principle goes back to the general legal idea that one cannot transfer more rights than one has ( nemo plus iuris ad alium transferre potest quam ipse haberet - D. 50, 17, 54).

Land register law

In the land register law , the principle of priority under land register law applies . Pursuant to Section 17 GBO , applications for registration that relate to the same right must be dealt with in the order in which they are received by the land registry .

Commercial law

The owner of an older company name can demand that the younger one refrain from entering an insufficiently delimited and therefore confusable company name in the commercial register ( Section 37 (2 ) HGB ). Apart from that, the registry judge has the right to refuse such an application for registration.

Enforcement law

In enforcement law , the principle applies that the earlier right takes precedence over a later one, which results from Section 804 (3) ZPO. The time at which the right came into existence is decisive. This results in a “race” among the creditors , especially in the individual foreclosure .

In contrast to this, the execution proceeds are distributed among the creditors in the total execution ( insolvency proceedings ) according to quotas. This results from § 1 sentence 1 InsO, according to which the creditors form a so-called loss community.

Trademark law

In labeling law (e.g. naming and trademark law ), the principle of priority has the consequence that, when rights that can be confused, the older one has priority over the younger one.

See also

Individual evidence

  1. ↑ Wolfgang Wiegand: The priority principle and its meaning . In: Julius von Staudinger (Hrsg.): Commentary on the civil code with introductory law and subsidiary laws. Revised 2002. Commentary on § 1209, Rn. 1

literature