Escheat

Escheat referred to - pretty business or become legally effective - transition of a right to the original owners. In the current German law, statutory regulations of the devolution found under the ground lease and the foundation law. The term reversion of rights of escheat has importance in the field of copyright.

History

Historically, the law shall escheat ( MHG Anval, totval; Latin apertur or ius aperturae; partly Kadukrecht, Kaduzierungsrecht, Kaduzitätsrecht ) in different contexts. The most common variant is likely to be found in the medieval feudal law. So the fief to the lords will fall back if dies in a personal feud of the vassal or dies in a hereditary fief of the vassal without heirs. Escheat rights could also village or market cooperatives are entitled, if the owner of a standing in Markenverband land died and not a close blood relative was present. Finally, a reversion of the king or the Treasury could exist if (often 30 days ) found no inheritance with respect to an estate within a certain period.

Escheat in civil law

Germany

Explicit provisions of escheat in the law is on the ground lease ( ErbbauRG ), mainly in § § 2-4, 32-33 ErbbauRG. Escheat means there retransmission of heritable building rights on the property owner before the expiry of the agreed term of the Erbbauvertrags. Reasons for the escheat may be insolvency of the leaseholder and the resulting inability to pay the ground rent or breaches of its obligations under the Erbbauvertrag eg.

The normal termination of the ground lease at the end of the term of the Erbbauvertrages is called in contrast to the case with home time. When time expires, the Erbbaugrundbuch ex is because closed without the need for a separate application. The effected by the ground lease legal separation of ground and buildings is thereby canceled, the building is again essential part of the plot.

The compulsory right of inheritance of the State pursuant to § 1936 of the Civil Code is not based on the escheat law of the medieval German law, but it has its roots in the commons law. In the area of foundation law foundation laws contain public foundations in the event of dissolution of the foundation rules on the reversion of the foundation's assets to the state. For private law foundations governed by § 88 BGB asset seizure and maps - comparable to § 1936 BGB - the seizure authority of the Treasury to the extent that no eligible recipients is named.

Switzerland

The Swiss Civil Code recognizes, for example, the reversion of the building law pursuant to § § 779 et seq of the Civil Code. The owner of land may be a third party on his land grant the right " to build on or below the ground surface or maintain a building ." Escheat to the property owner can enter into several cases: At the end of the building regulations ( § 779C CC) or by premature recovery in gross misconduct or breach of contract by the holder of the easement ( § 779f of the Civil Code ).

Is particularly well known in Switzerland and the escheat of hydroelectric power plants. Before a water power plant is built, a license must be negotiated, which allows the plant operator to obtain water with the appropriate Canton. After expiry of the concession the processes are free of charge back to the Canton of what this concession may call again. The licenses usually have a duration of 40 to 80 years.

Escheat in copyright

In the German copyright law is adopted by the prevailing view that rights of use for ineffectiveness or termination of the obligation business automatically fall back to the originator ( reversion of rights ). So that regard to the otherwise applicable abstraction principle that is the fate of the available business from that of the undertaking business independently, do not apply. In 2009, the Supreme Court has held that a so-called "grandchild law ", ie a derived, simple right of use may persist even after recall of the trunk right by the authors ( references omitted 180, 344 - "Tire Progressive" ).

The U.S. copyright legislation since the Copyright Act of 1976, a right of termination ( termination ) from the creator or his heirs before; exercising the right of termination leads to escheat ( reversion ) of the rights.

Escheat in public law

The Swiss Federal Act on the utilization of water power ( Water Act - WRG ) Template: § § / Maintenance / ch regulates the reversion of plants or plant parts, which has built a concession of rights of use to the respective state or the municipality in question. With respect to certain facilities ( " wet - hydraulic - Part ") of escheat is free of charge; Plants that are attributable to the "dry - - electromechanical part " can be taken in return for compensation.

Especially in the area of government concessions you meet the escheat likely to - as seen already in the nineteenth century railroad rules governing the right of escheat of plants that have been built for concession contracts to the state before.

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