The Gemeingebrauch is older, the Roman right coming of right term (custom publicus), which is used today still particularly in the road law of the German right circle. Gemeingebrauch is the right of a multiplicity from humans to the use of such things, which serve the use by the public - contrary to the property and possession right, which regulate the use of things only by certain individual persons. Contrary to the property it is thus no individual right, but a collective right. That has particularly as a consequence that to the Gemeingebrauch entitled no different one from the use exclude can, that is likewise to the Gemeingebrauch justified (- in contrast to the owner, who can in principle exclude every different one from the use of its thing).

The Gemeingebrauch can take place - depending upon system of government and condition of the state organisation - in self organization or be - like usually - by the laws and the police of the state regulated and supervised.

Gemeingebrauch is conceivablly, where no vested titles (and other individual rights) exist, thus except on public roads also at river courses, at the sea, at air, also at open landscape in the moorland, in quilts everywhere in principle or in the mountains. In the Middle Ages existed in Germany also at the common lands Gemeingebrauch. The more strongly the legal order of a country the individual rights stressed (and the country by land register divides), the smaller is the range of the Gemeingebrauchs (see also: more ager publicus).

The today's meaning of the right term Gemeingebrauch is most uncertain. That is connected with the rapid development of the public right generally speaking range of the German right circle. The public right for instance the Federal Republic of Germany permits it anyway each humans, in the context of the valid laws freely to move (general freedom of action, article 2 Abs.1 Basic Law). Whether beside it still independent meaning comes to the old term of the Gemeingebrauchs, is disputed. The view is partly represented, the general freedom of action does not apply not or only reduced, where national property is used. It is correctly however probably that the general freedom of action in the entire area of a state applies, independent of whether a part of this area is considered also under private law as property of this state. So seen, the today's public right including the general freedom of action would have replaced the old Gemeingebrauch as relevant collective right.

Gegenbegriff to the Gemeingebrauch is the special use. Special use is actually an individual right at one a majority or a multiplicity of persons serving thing. In the modern German right it plays a role (special use at community surfaces) also in the residential property law. As the meaning of the Gemeingebrauchs became uncertain today, it is also the special use. The road laws still know the special use as own facts. Correctly it might be however that the special use is identical today with the legal borders of the Gemeingebrauchs exceeding use. The special use can be authorized or in individual cases not approved and thus illegaly. If the actually illegal use (e.g. the road for a Tanzveranstaltung) is with the police authorized, actually no more place is for a further, from the road laws of Germany intended "“special use permission"”.

The usual, but probably meanwhile insignificant definition of the Gemeingebrauchs in the today's German road law reads: Use of the public road in the context by the dedication specified of the purpose and considering the traffic regulations.

See also

• Common land
• Free contents
• Common property
• Community property
• Open SOURCE
• Public domain
• Topic list road construction
• Traffic reason

Literature

• Matthias's scarce: Gemeingebrauch and state property Munich (Peniope) 2003, at the same time Diss. Freiburg /Brsg. 2002.

Articles in category "Gemeingebrauch"

We found here 1 articles.