Property is the legal allocation of a thing to a person or institution in the sense of an exclusive and absolute (thus opposite everyone valid) right of disposal.

Linguistic demarcations

Property and possession are linguistically often equated, are however with respect to the legal and economic context strictly from each other to to be differentiated. So an article can being temporarily or in the long term in the possession of another person than the owner (for example during a flat let for rent).

Besides the term of the property is used colloquially also for the object of the property ("“that is my property. "”).

The term property is usually used only in societies or populations, in which there is a legal distinction of property and possession. For example the term of the property was unknown to the former Inuit populations. In material-socialist countries however and often gives there was a linguistic, but neither a legal distinction of property and possession, nor the things proven in these countries as property exhibited the economic operation possibilities characteristic of the property (lending, seizing, letting, farm lease etc.), it concerned thereby thus always possession strictly speaking.

In addition can be differentiated between customs property, capital property, private property, exchange value property and net assets property.

Short history of the property

From the Steinzeit knows one grave-added, which were given to the dead one, it might thereby typical personal belongings have concerned like weapons, decoration and utensils. About large ownership structures one knows few.

In some cultures one knows to today no private property in our sense; particularly the conception, one can possess mountains and lakes (landed property), appeared cultures as the Indians as rather absurd.

In the antique one slaves could partly have no personal possession, them were even property their gentlemen. The slavery sat down to in 19. Century away.

In the Middle Ages Klerus and aristocracy possessed a majority of the as leaning gentlemen could them deliveries of them Untergebenen demand (see also common land). The third conditions possessed often few more than what it carried at the body with itself Only in the cities one developed with today comparable property situation with buyers and craftsmen.

After the liberalism the ownership structures 19. Century with the nature right justified, Karl Marx in its work describes the capital the consequences of the private possession of means of production from its philosophical view.

Today the ownership structures are more balanced in western spheres such as Europe and the USA, yet further world-wide a smaller minority possesses a majority of the fortune. Some billionaires have more incomes than the gross national product of smaller states.

At the beginning 21. Century get discussions around mental property and patents ever larger relevance.

The term of the property after German right

Constitutional law

The private property is regulated according to the article 14 of the Basic Law:

• Paragraph 1: The property and vomit are ensured. Contents and barriers are determined by the laws. (Institute warranty)

• Paragraph 2: Property obligates. Its use is to serve the well-being of the public at the same time.

• Paragraph 3: An expropriation is permissible only for the well-being of the public. It may take place only via law or due to a law, which and extent of the remuneration regulates kind. The remuneration is to be determined under fair consideration of the interests of the public and the involved ones. Because of the height the course of law before the tidy courts is open to the remuneration in the case of controversy.

Save area

The save area of the property in the sense of kind 14 exp. 1 GG covers net assets after the iurisdiction of the Federal Constitutional Court each right, which is assigned to a particular by the simple right for exclusive use. The order therefore meets the legislator to determine contents of the property by formal (parliament) laws. That means that contents of the property are not certain for all time, but by the legislator to be changed it can.

The definition of property in the sense kind 14 GG goes therefore beyond the term under private law and limits it at the same time. The use of a property can be limited for example by the neighbourhood right or by the construction specifications of a development plan. Another example of it is that the owner of a work of art is prevented by copyright to change this work of art if he is not at the same time the owner of copyright; it may sell it however.

Positions under private law

Protected first private real property rights are, primarily the property in the sense of the thing right of the BGB ("§ 903 BGB).

In addition, beside the property at things demands fall into the save area (in detail contentious).

Not protected "“the fortune is as such"”; Money should be included into the save area after the iurisdiction however, because it ranks among the property warranty to exchange money freely into articles. Protected here however only the existence of currencies is, not the value of the money (introduction of the euro).

Also the possession of the tenant at the flat let for rent was included by the Federal Constitutional Court into the save area of the property

In particular copyright and the "“mental property"”

Copyright, patent law, mark and design patent right are likewise included into the save area of the property. If one takes the constitutional definition of the Federal Constitutional Court ("“property all net assets of rights of the simple right"” are) in Germany, also immaterial rights property are i.S.v. kind 14 exp. 1 GG, as long as they have net assets. From this however yet the obligation does not follow to have to grant such rights also. Rather here the state has by means of the contents and barrier regulations a large organization clearance and is only on the guarantee of a core range of "“mental property"” obligated.

In case of the patent law show up the borders of a nature-legal property understanding, which transfers the property theory to Patent laws are granted only for certain immaterial achievements and only during a certain period (mostly 20 years). Their protection is to be regarded rather as national achievement, which the state grants, in order to promote the technical progress to well-being of the public. It would be therefore missed to regard patent or copyrights as property strictly speaking (like the special property). Whether under a given patent law lent patents represent property-same rights, is disputed and must be clarified for each juridical system individually. Whether patents actually promote the competition by restraints of trade, is empirically not clarifyable.

Therefore use of the term "“mental property"” is disputed. Special property and "“mental property"” are not comparable, the term suggest something, which would not give it. However the constitutional property definition (s.o.) is held out to that. As right area the "“mental of property"” numerous covers private and public right areas, which stand to each other partially in the conflict. They are regulated for example in laws to the author and trademark protection, to the patent law Is disputed, like strongly immaterial monopoly rights, to which the singlelegal protection leads mostly, must be ensured and this has which consequences. increase ever more in economic meaning. That applies in particular to software and bio patents, whose protection was demanded by business enterprises. On the other hand the general renouncement of such monopolies and the attention is required more in common-free "“Almende"”.

Public positions

Also public positions can fall into the save area of kind 14 exp. 1 GG, if them

• to the insured one exclusive and assigned are,
• on a not insignificant own contribution of the concerning are based and
• serve the safety device of the existence of the concerning.

For this count in particular the claims from the legal pension and unemployment insurance. For this do not count for example: Unemployment pay 2, social welfare assistance, student financial assistance scheme, rent subsidy.

Interference

Interferences into the property are:

• the expropriation: The vested title at a certain position protected by kind 14 GG is extracted from the concerning, in order to transfer it to another;
• contents and barrier regulation: Contents and barriers of the property are determined by formal law; is the social requiringness of the property to consider (see below);
• the expropriation-same interference;
• the expropriating interference.

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