Numerus clausus (law)

Numerus clausus ( from Latin numerus, number ',' number ' and clausus ' closed' ) referred to in the law, a final number of legal forms. The closed form of property law goes back to the Roman jurist Gaius in the 2nd century AD and became common since the Pandektenrecht of the 19th century. A numerus clausus is used in the sense of legal practitioners of clarity in legal transactions by reducing it over the limited scope of the legal forms of the substantive freedom to a manageable number. The right-hand traffic should be protected from inadvertent infringement that is based on ignorance of the protective range. Since property rights are effective against any third party, they have to be respected by everyone, can satisfy clausus as real rights ( rights in rem) a limited number of standardized forms, ie a numerus. It is noteworthy that the numerus clausus principle no parent " constitutional equal" is a legal rule. If up for discussion is whether the canon of the property rights to be extended by the legislature based on article 14, paragraph 1, sentence 2 of the Basic Law, an appeal is unfounded on the numerus clausus principle.

Property law

In property law there is only one, defined by the legislature number of rights in rem with just legally prescribed content and limits (type coercion). The enumerated in the third book of the Civil Code legal positions may not be extended by the parties. There is no freedom, according to the principle that the existing rights of content matter amended by legal practitioners not, or only within narrow limits, mixed or may be cumulated (type fixation).

Intellectual Property

In the canon of intellectual property rights, the conflict between property rights on the one hand and freedom on the other hand exercise is inevitable. Therefore, according to German and Swiss understanding of the remaining space for the exercise of freedom must be determined simply by law by the legislature. The legal recognition of selected intellectual property rights is based on a for each legal form carried out individually weighing the legislature between the desire to ensure adequate protection of the right holder and the arrangements of the requirements for protection and barriers intellectual property to promote spiritual development process must be kept free for the general public. This time and content limited monopoly rights is against the basic principle of the free copy right of the public ( the "right to copy" ), on which our free economic system ultimately based.