Connection (law)

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In property law, connection or increase is understood to be the technical connection of previously legally independent objects to essential components of a new, uniform main object .

General

Property law also had to deal with the legal issue of previously legally independent things that permanently lose their independence through installation or other technical connection with other independent things and have belonged to different owners. This constellation occurs quite often in everyday life, for example in production , through which raw , auxiliary and operating materials are combined (and at the same time also processed ) to form a new product . Another case group in the construction industry is the erection of buildings on third-party land or rights equivalent to land . What needs to be clarified in these cases is the legal fate of the various property rights.

history

Roman law already dealt with the connection ( accessio ). It initially distinguished the reasons for connection through natural occurrences ( accessio naturalis ), through human activity ( accessio artificialis ) or a combination of both ( accessio mizta ). As soon as plants took root on someone else's property ( implantatio ; natural event) or a building was erected on foreign land ( superficies solo credit ; human activity), there was a case of connection. The plants or the building were then considered to be secondary, while the main thing was the property.

Marcus Censorius Paullus assumed that in painting, the painting must go to the owner of the image carrier ( panel ). Gaius expanded this in his institutions to building ( inaedificatio ), planting (laS implantatio ), sowing ( satio ), writing ( scriptura ) and painting ( pictura ). When movable items were combined to form a single item, the owner of the main item became the owner of the overall item ( accessio cedit principali , “The secondary item follows the main item ”), and the previous owners of the secondary items lost their property. In addition to the connection, Roman law also knew mixing ( confusio ) and mixing ( commixtio ).

In Old High German , the word "fir-bintan" for connect for the first time appeared around the year 1000. The General Prussian Land Law (APL) of June 1794 stipulated that whoever connects, blends or mixes other things with his thing without the knowledge and will of the owner, he must separate them again at his own expense (I 11, § 298 APL). The Code civil (CC), which has been in force in France since March 1807, adopted Roman law as the right to everything that produces a thing and what casually connects it ( French accessoirement ), be it artificial or natural (Art. 546 CC). This is also provided for by the Austrian General Civil Code , which came into force in January 1812 (Section 415 General Civil Code). The BGB, which came into force in January 1900, distinguishes between the connection between movable property and land and the connection between movable property with one another. The Swiss Civil Code , which has been in force since January 1912 , also contains the basis of Roman law.

species

As early as 1867 August von Bechmann distinguished between the connection between immovable and immovable, movable with immovable and movable with movable . The BGB only knows the last two variants. The first variant combines several plots of land belonging to the same owner into a single plot of land by way of association or attribution ( § 890 BGB). If movable property is connected to land (construction of a building , installation of the roof structure in the building), the owners of the movable property in accordance with § 946 BGB forcibly lose their property - even against their will - (also in the case of delivery against retention of title or security property ). The connection of movable items with one another leads either to co-ownership or, if one of the items is to be regarded as the main item, its owner acquires sole ownership ( § 947 BGB).

Legal issues

The connection leads to an original acquisition of property . It is a real act , so that the person connecting does not have to be legally competent . The connection between the previously independent things must be so close that the previous things become an essential part of a new main thing. According to the prevailing view of the general public, one can only speak of a main thing in accordance with Section 947, Paragraph 2 of the German Civil Code if the remaining elements could be missing without affecting the essence of the thing.

The things have to lose their previous independence through connection. This connection must lead to a mutual technical-physical dependency and be provided in the long term. Typical technical-physical connection processes are above all drawing , printing , gluing , sewing , welding , soldering or pressing . However, a loose connection is sufficient if it is viewed as a single thing in right-hand traffic. If there is no processing , the legal consequence of the connection of movable objects with one another is either co-ownership of the previous owner or sole ownership of the person whose object is to be regarded as the main object (§ 947 BGB). The ownership of the previously independent items expires, as does the existing rights to them ( Section 949 BGB; e.g. the supplier's retention of title or the security's ownership by way of security ). When connected to the property, the building becomes an integral part of it ( Section 94 (1) BGB), and the components used to construct the building , as an integral part of the building ( Section 94 (2) BGB), also become an integral part of the property.

A new thing is created through connection when the manufactured thing is given a new name, a significant change in shape or character or a completely different or more extensive economic function . If processing is also to be seen in the connection or intermingling , the processing regulations take precedence, while the connection with a piece of land or the same property ( § 946 BGB) takes precedence over processing.

If the property is lost as a result of connection, the owners concerned receive a claim for damages for unjust enrichment against the new sole owner in accordance with Section 951 (1) BGB ( Section 812 BGB).

International

In Austria, according to Section 404 of the Austrian Civil Code (ABGB) , growth means everything that arises from a thing or is newly added to it without someone else handing it over to the owner. The increase is brought about by nature, by art or by both at the same time. According to § 414 ABGB, the connecting party is not yet entitled to third-party property, but must, if possible, return the items to their previous status (§ 415 ABGB). If it is not possible to return to the previous status or to separate it, the item becomes joint ownership. Buildings fall to the property owner (§§ 418, 419 ABGB).

In Switzerland Accessories ( "is Zugehör ") pursuant to Art. 644 of the Civil Code by connecting, adjustment or otherwise formed into the relationship on the merits in which it has to serve her. If movable items of different owners are mixed or connected with one another in such a way that they can no longer be separated without significant damage or disproportionate work and expenses, then joint ownership of the new item arises for the parties involved, based on the value of the individual parts at the time the connection (Art. 727 ZGB). If a movable thing is mixed or connected with another in such a way that it appears as a secondary component, the whole thing belongs to the owner of the main component.

In France , according to the basic norm of Art. 546 CC, Art. 547 ff. CC are divided into a connection through production ( French accession ; fruits , French fruits and other products, French produits ) and one through incorporation. In the case of the latter, according to Art. 551 CC, everything that is combined with the thing and incorporated into it belongs to the owner.

See also

Individual evidence

  1. ↑ See also Viktor Cathrein : Moralphilosophie. A scientific exposition of the moral, including the legal, order. 2 volumes, 5th, newly worked through edition. Herder, Freiburg im Breisgau 1911, Volume 2, pp. 336–338 ( growth, connection, processing and acquisition of fruit ), in particular p. 337: “Through growth or connection (accessio) someone acquires new property if something that previously existed independently which unites its own in such a way that the former becomes an integrating, subordinate part of the latter. "
  2. ↑ Marcus Censorius Paullus, L 23, § 3 D. de rei vindicatio (6, 1)
  3. ^ Gaius, Institutions II , 70-78
  4. ↑ Julius Weiske : Legal Lexicon for Jurists of all German States , Volume 1, 1839, p. 21 ff.
  5. ^ Herbert Hausmaninger / Walter Selb, Römisches Privatrecht , 2001, p. 161
  6. ↑ Gerhard Köbler , Etymological Legal Dictionary , 1995, p. 426
  7. ↑ General Land Law for the Prussian States, Volume 1, 1794, p. 221
  8. ↑ August von Bechmann, On the Doctrine of Acquiring Property by Accession , 1867, p. 6
  9. ↑ BGHZ 20, 159 , 163
  10. ↑ RGZ 87, 46
  11. ↑ RGZ 67, 34
  12. ↑ Jürgen F. Baur / Rolf Stürner, Property Law , 17th edition, 1999, § 53 Rn. 18th
  13. ↑ Otto Palandt / Peter Bassenge , BGB Commentary , 73rd edition, 2014, § 950 Rn. 1
  14. ↑ Denis Schlimpert, Integral and functional connections from matters in French and German law , 2015, p. 44 f.