Vindication situation

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The vindication situation (from Latin rei vindicatio ) describes a specific situation of the owner-owner relationship in civil law , in which an owner has a right to surrender to an owner who is not entitled to possession (cf. § 985 , § 986 BGB ).

This situation is linked to certain privileges for the owner who believes in his right to property and is entitled to believe. He is not liable for damage or loss of the item to be surrendered and has claims to compensation for his use that was necessary to preserve the item. The bad faith owner, however, is subject to more stringent liability.

In patent law, the vindication ( § 8 PatG ) refers to the filing of an invention or the taking over of a patent application or a patent by a person not authorized to do so under § 6 PatG , i.e. H. a person who is not the inventor or his legal successor, and, on the other hand, the filing of an invention by a person who unlawfully interferes with the essential contents of the patent application, the descriptions, drawings, models, equipment or facilities of another person or one of the methods used by him. H. without his consent. The right to assign the right to the grant of a patent or to the transfer of the patent granted by Section 8 PatG serves to protect the true entitled person in the event of an application by an unauthorized person, and to protect the owner of the invention in the case of unlawful removal. Although there are overlaps in many cases, the two facts must be kept separate. An application by an unauthorized person is also present if the patent application was made with the consent of the inventor or his legal successor, but no corresponding legal transfer took place. On the other hand, § 8 PatG grants the claim in the event of unlawful removal not only to the person entitled to the invention but also to the mere owner of the invention. The request for assignment or transfer can be enforced through a vindication action (before a regional court ).

History of the rei vindicatio

see : Legis actio sacramento in rem

This lament comes from the Twelve Tables . Plaintiff and defendant assert their ownership of the thing by means of vindicatio (presumably a stick with which the thing was tapped) and contravindicatio . Both have to put in a sum of money for their assertion ( sacramentum ). The entire negotiation was very ritualized. The judge ultimately decides whose right is better to own the thing.

See also