Totality

In jurisprudence, factual entirety is the designation for several independent things that are connected by a common economic purpose , can only develop their value as a unit and which are summarized under a common term in the general view.

General

A whole is not a thing within the meaning of § 90 BGB , but consists of individual things within the meaning of § 90 BGB. The principle of certainty that exists in property law ( specialty principle ) as a rule requires that a right in rem always relates to a specific individual thing. A purchase agreement , rental agreement , lease agreement , loan agreement , even the mere handover, can only relate to a specific object . However, in everyday life it has been found that some things are summarized under a uniform term as belonging together, whereby their value and functionality is also determined by their completeness.

species

The law refers to the totality of the material as a whole ( Section 92 (2) BGB) and cites the warehouse as an example. Among the collections of objects include the public perception is next to the warehouse particular asset , inventory , archive , library , household items , collections such as coin or stamp collection , heating , herd of cattle , coffee service , furniture seating , cinema seating , a pair of shoes or the securities portfolio in collective custody ( § 5 Depotgesetz ). Beehives (§ § 961 to § 964 BGB) are a swarm as a whole. With a pair of shoes it becomes clear that they can only develop value and functionality for the user as a pair. According to the prevailing opinion , companies are also to be understood as a whole.

Legal consequences

In contrast to the factual unit, the objects remain legally independent in the aggregate. Real rights can therefore only be established in each individual thing - which belongs to a whole. Therefore, for sale a library each book must above is to be.

However, there are also legal regulations that treat a whole as a single thing. When a property is transferred , in case of doubt, its accessories - if they belong to the seller - are also transferred to the purchaser in accordance with Section 926 of the German Civil Code. This disposal transaction thus covers the property and its accessories as a whole. This also applies to the encumbrance of a property with a mortgage that also applies to accessories (§ § 1120 , § 1192 BGB). There are the same regulations for usufruct (§ § 1031 , § 1062 BGB), right of residence ( § 1093, paragraph 1 BGB) or right of first refusal ( § 1096 BGB). If the inventory (§ § 582a , § 1048 Paragraph 1 Sentence 2 BGB) changes in its components in the usufruct of the property , the tenant or usufructuary must keep it at the original status. What he acquires to supplement the inventory automatically takes part in its legal status when it is integrated into the entity.

If an entity is transferred, it must refer to each individual thing because of the specialty principle. If only a certain subset of an entity is to be transferred, it must be precisely identified by labeling. This applies in particular to the assignment of warehouses by way of security as collateral in favor of credit institutions . If not the entire warehouse is transferred by way of security, but only a part of it, the non-adhesive stock of goods must be visually separated from the liable one - easily comprehensible for third parties - by appropriate labeling (e.g. attaching signs, markings, room sketches) ; it must be clearly distinguishable.

Insurance

Objects can be insured as such, since the insurance also takes actual circumstances into account. According to § 89 VVG , the insurance of an item includes the respective items. If individual household items are exchanged, the insurance also extends to the new items. Conversely, the items sold as a whole are excluded from the insurance because the insured interest lapses according to Section 80 (2) VVG.

International

In Austria the whole thing ("Gesamtsache") is defined in § 302 ABGB as "an epitome of several special things, which are regarded as one thing and are usually referred to by a common name ...". The Switzerland knows collections of objects as "things that belong together" (cf. Art. 613 Civil Code ). In France , the entity ( French ensemble de biens mobiliers corporels ) is recognized in Art. 2333 Civil Code and can be pledged as loan security . The business assets ( French fond de commerce ) as the totality of all economically useful assets are a uniform property that can be transferred, pledged and enforced.

Others

In sales tax law , however, the whole thing is treated as a single object, contrary to civil law. The BFH defines the entity as the "combination of several independent objects into a unified whole that is economically viewed as a different economic asset than the sum of the individual objects". The compilation of different objects into a whole leads to a new economic asset . <ref> BFH, judgment of August 28, 1986, Az .: VR 18/77 = NV 1987, 130 ref>