Property Law Cleansing Act
| Basic data | |
|---|---|
| Title: | Law on the adjustment of property rights in the acceding area |
| Short title: | Property Law Cleansing Act |
| Abbreviation: | ThingsRBerG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Property law , law of obligations |
| References : | 403-23-2 |
| Issued on: | September 21, 1994 ( BGBl. I p. 2457 ) |
| Entry into force on: | October 1, 1994 |
| Last change by: |
Art. 21 G of 23 July 2013 ( Federal Law Gazette I p. 2586, 2705 ) |
| Effective date of the last change: |
August 1, 2013 (Art. 50 G of July 23, 2013) |
| GESTA : | C130 |
| Please note the note on the applicable legal version. | |
The Property Rights Consolidation Act (SachRBerG) was passed on September 21, 1994 ( Federal Law Gazette I p. 2457) as part of the reunification process in order to adapt the legal relationships regarding the structural use of land in the accession area to the property law of the BGB .
The SachRBerG became necessary, since under the law of the GDR the structural use of a property i. d. Usually not linked to the property . In contrast, according to the German Civil Code, ownership of a building follows ownership of the property. In the GDR, the use was based in many cases only on a public-law allocation of use, an informal permission or was also only actually carried out - without legal protection. On the buildings i. d. Usually independent property.
According to the provisions of Section 2, the PropertyRBerG only covers uses for the purpose of living. Other types of use, such as B. the construction of weekend houses on recreational properties or garages, do not fall under the PropertyRBerG, but under the Law of Obligations Adjustment Act .
As a solution, the propertyRBerG provides that the user can request the property owner to conclude a contract on the ordering of a heritable building right or the conclusion of a purchase contract in return for compensation , so that the use is adapted to the legal framework of the BGB.
In practice, the Property Law Cleansing Act hardly plays a role anymore, since according to the case law of the Federal Court of Justice possible claims under this law expire on December 31, 2011 (BGH of November 21, 2014, V ZR 32/14).
literature
- Hans-Joachim Czub : Adjustment of property law: guidelines for practice. Verlag für die Rechts- und Anwaltspraxis, Herne / Berlin 1994. ISBN 3-927935-55-7 .
