Res extra commercium
Res extra commercium (translated: thing (s) outside of business transactions ) are things that, as state assets, are withdrawn from private law transactions . They cannot be the subject of real rights and dispositions and, according to modern usage, are not marketable . The counterpart are the res in commercio .
The roots are in Roman law . The "res divini iuris" (objects consecrated to the gods), the "res publicae" (things in common use such as streets, theaters, squares) and the "res communes omnium" (things that belong to everyone) were subject to the special division under property law like the (breathing) air, running water in rivers or the sea and the beach). The corpse has not been subject to any property rights since time immemorial .
Primarily for the res divini iuris were the "res sacrae", objects that were solely dedicated to ecclesiastical purposes and which were transferred by consecration . Instead of alienation ( sale , vindication or ownership ), profane things were brought in for sacred purposes through (re-) dedication. Examples of this were altars, temples, statues and tombs.
In many jurisdictions - but not in United States law - cultural goods are withdrawn from trade and can only be traded on the black market.
The acquisition of sovereign rights over parts of space, the moon and other celestial bodies is excluded according to the Space Treaty (WRV) of 1967 (Art. II WRV), as is the establishment of property rights in the open sea. Hugo Grotius had already established this principle in 1609 in his work Mare Liberum . The trade in organs or tissues that are used for therapeutic treatment is also generally prohibited ( Section 17 TPG ).
literature
- Hans-Jürgen Heil: The real estate of the GbR - res extra commercium? NJW 2002, 2158.
Web links
- Hans Josef Wieling : Property law . 2nd ed. 2006, Google Books p. 62 ff.
- Christoph Engel: The social function of property Common goods: law, politics and economics. Preprints from the Max Planck project group Law of Common Goods, Bonn 2002/7, p. 6 ff.
- Fabian Thiel: Land as “res extra commercium” and as “propriété mixte” - a contradiction in terms of land use policy? Environmental Research Center Leipzig-Halle GmbH , Department of Environmental and Planning Law, UFZ Discussion Papers 12/2005.
Individual evidence
- ^ Carl Creifelds, Legal Dictionary . 21st edition 2014, p. 1104, ISBN 978-3-406-63871-8
- ↑ Antonino Milazzo: Res in commercio and res extra commercium: Reflections of Romans Jurists and Categories of Modern Law ( Memento of the original dated February 13, 2017 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. İnönü Üniversitesi Hukuk Faküllei Dergisi Özel Sayı Cilt: 1 Yıl 2015, 253-286 (English)
- ^ Heinrichs, in: Palandt , Bürgerliches Gesetzbuch, commentary, trans. v. Section 90, no. 9
- ^ Res extra commercium Proverbia Iuris, accessed February 12, 2017
- ↑ Rolf Gröschner: Sepulchral Culture in the Change of the Constitutional State of the University of Jena, 2009
- ↑ Making the Doctrine of Res Extra Commercium Visible in United States Law Texas Law Review 1996 (English)
- ↑ Amalie Weidner: Cultural goods as res extra commercium in international property law . DE GRUYTER law, ISBN 978-3-11-017211-9
- ↑ Space law website of the Federal Foreign Office , accessed on February 12, 2017
