Right to possession
The right to possession (also right of possession ) describes in jurisprudence the right to own a thing . The ownership rights are particularly relevant in the context of the claim for the return of property . This is excluded if the owner of an item is entitled to possession vis-à-vis the owner .
Absolute property rights
Absolute property rights (including property rights in rem ) have an absolute effect, i.e. That is, they entitle anyone to possess it. They arise in particular from limited real rights to the thing (e.g. from a right of lien in accordance with ff. BGB or a usufruct in accordance with ff. BGB).
It is disputed whether the expectant right also gives the owner an absolute right to property. While the prevailing opinion affirms this, a counter-view rejects this on the grounds that the entitlement right is only intended to protect the acquisition of property and can do so even if the beneficiary is no longer the owner.
Relative property rights (including mandatory property rights ) work relatively, i.e. That is, they only entitle the holder to possession within a contractual relationship. They arise in particular from contracts under the law of obligations (e.g. from a rental agreement in accordance with ff. BGB or a loan agreement in accordance with ff. BGB).
Right of retention
It is controversial whether the retention rights represent property rights. While the German BGH affirms this at least for the right of retention from BGB, the majority of the teaching does not see ownership rights in them, but independent counter-rights, since their meaning and purpose is not the material regulation of ownership, but only the enforcement of claims.