The word realization contains the value of an asset , which is to be converted into the better degree of liquidity of money through sale . This is the main objective in recovery. The quid pro quo for Recycling hot recoveries and are subject to entrepreneurs of the sales tax liability of para. 1 no. 1 UStG . If sales are not made under time pressure , the sales revenues can be maximized with rising market prices . Exploitation objects are things , claims , intellectual property rights and property rights , but not personal and family rights . Assets can be used when their objects can be consumed , transferred and encumbered .
In economic life, a distinction is made between voluntary exploitation and forced exploitation ; the latter occurs with foreclosure or bankruptcy with the help of state authority . Voluntary exploitation is not synonymous with the operational function of sales , a constantly repeating process. The only thing they have in common with sales is the conversion of tangible or intangible goods into money. In the case of voluntary exploitation, economic subjects ( private households , companies and the state with its subdivisions of public administration ) are about to sell individual assets or entire objects . A compulsory recovery in the context of foreclosure is regularly done by the bailiff by way of a foreclosure auction (§ ff. ZPO ).
The legal term of recovery occurs very often in the Collecting Societies Act (70 times), in the End-of-Life Vehicle Ordinance (48), Packaging Ordinance (47), in the Copyright Act (46) and in the Insolvency Code (42). The BGB uses the term particularly in connection with the realization of loan collateral.
Copyrights and other intellectual property rights
Copyrights and other intellectual property rights (especially patents , licenses , utility models , industrial designs, trademarks or film distribution ) may initially only by its author exclusively be used. These exploitation rights are therefore the rights that copyright law grants the author in order to enable him to use his work solely and exclusively economically. Should other may use that copyright, the copyright holder can them by a right to use the authority granted for this purpose (see also patent licensing ). One then speaks of the author exploiting his copyright. For this reason, exploitation is an often used legal term in copyright law that is to be understood broadly. This includes first of all the assertion of the usage rights from § ff. UrhG. In addition, the collection of the remuneration according to § UrhG and UrhG is also an exploitation as well as the assertion of other rights (§ ff. UrhG) and the remuneration claims of statutory licenses (§ UrhG, UrhG).
For example , anyone who wants to use a piece of music protected by copyright in Germany must report this exploitation to the collecting society GEMA and pay a fee for this. GEMA forwards the proceeds from the sale to the rights holders after deducting administrative costs . For incorporeal exploitation , the law uses the generic term "public reproduction" in Section 15 (2) UrhG. According to the legal definition in Section 15 (3) UrhG, a reproduction is public if it is intended for a majority of members of the public (e.g. public speeches , music performances at events or on the radio ).
In finance and especially in the credit sector , the auctioning of a loan security (such as a property ) as a foreclosure measure or in the context of insolvency proceedings is also called realization. When collateral is provided, it can be agreed in advance between the collateral provider and the collateral buyer, analogous to BGB , that the collateral can be realized at a stock exchange or market price by the collateral buyer or a third party commissioned by him. The term exploitation includes not only the sale of real securities in the context of the auction, but also the use of third parties for personal securities (e.g. the use of a surety ). The realization proceeds are intended to compensate for the bad debt loss of the lender . Realization includes the sale of bad loans , but not the sale of loans in the loan trade .
Waste Disposal Act (KrW- / Recycling Act) required at the principles of recycling that waste to prevent in the first place, and material recycling only secondarily, or is to be used for the recovery of energy. Accordingto Section 4 (3) KrW- / AbfG, material recovery is considered to exist if, from an economic point of view - taking into account the impurities existing in the individual waste - the main purpose of the measure is the use of the waste and not the elimination of the potential for pollutants . The energy recovery involves the use of waste as alternative fuel (§ 4 para. 4 KrW- / AbfG). Waste avoidance is part of the so-called “Three V philosophy” of the Waste Act of August 1986 ( avoidance , reduction, recycling ). It uses the concept of recovery in the sense of waste separation and sorting .
Bankruptcy and foreclosure law
In bankruptcy and enforcement law, the state ( courts ) or third parties commissioned by it ( bailiffs , insolvency administrators ) are responsible for the realization . According to InsO, the insolvency administrator has to realize the assets belonging to the insolvency estate immediately after the reporting date. As part of the realization, he may also sell real estate ( InsO) or movable property and claims ( InsO) with the right to separate . The distribution of the exploitation proceeds takes place in accordance with InsO.
In the case of foreclosure, the realization takes place within the framework of a public auction according to § ff. ZPO, whereby a minimum bid is in the auction ( ZPO) ( ZPO) and the highest bidder receives the award after three calls ( para . 1 ZPO). The transfer of ownership then takes place against cash payment of the knockdown bid against delivery of the item to the purchaser ( (2) ZPO). By virtue of real surrogation (analogous to sentence 2 BGB), the rights that existed in the auctioned item continue to be applied to the proceeds from the sale.
In 1867, Karl Marx took the view that only work could create value. If it is paid at its labor value, there is no recovery. The aim of the capitalist production process is therefore to achieve surplus value by utilizing labor beyond its value. Exploitation is the development of surplus value from value, capital from money . For him, the utilization of capital is the “determining purpose of capitalist production ”. In Marx's theory, value becomes surplus value only under the premise of an essential social relationship between objectified labor and labor.
- Recycling of plastic waste
- Utilization by means of recovery of energy through combined heat and power
- Recovery surplus
- Otto Palandt / Jürgen Ellenberger , BGB Commentary , 73rd edition, 2014, preliminary note § 90, Rn. 2
- BSG, judgment of March 22, 2012, Az .: B 4 AS 99/11 R
- Jürgen Zimmerling / Ulrich Werner, Protection against legal problems in the Internet, 2001, p. 100
- Karl Marx, Das Kapital. Volume I , 1867, p. 200 ff.
- Karl Marx, Das Kapital. Volume I , 1867, p. 243
- Joachim Patschull, Utilization of foreign work , 1984, p. 213