Ownership

Property law

In property law, the holder of, the one thing in his possession ( custody ) has ( taking possession, corpus ) is. The owner identifies the owner will ( animus rem alteri habendi ). The " will to possess one thing for another " (not for yourself).

Distinction

The owner has about the pure addition, taking possession of their own property will ( animus rem sibi habendi ), the will, " a thing in itself to keep " ( debatable ).

The owner, however, is most comprehensively justified. It can with the matter according to his will process ( sell, change, borrow, destroy and so on ). He has the most comprehensive legal claim to rule in the matter. Example: If a thing is rented, then the tenant has held onto - owners and tenants are both in equal time rightful owner, they both have a valid legal title.

The borrower or the Finder, for example, also owner, but never owners, as they recognize the ownership will of another. Dishonest owner who holds a thing, and believes that it belongs to him, without having a legal claim (eg, who keeps a treasure trove because he believes he belongs to him, because he was found on his property ). The thief is - unlawful - Owner, as he has taking possession of and owned Wille - The victim remains the owner. So it is not correct to use the term " owner " instead of owner or owners.

In the German Civil Code ( BGB), even though the term is not commonly used. In connection with the ownership or possession of property, the term owner is not used. Instead, you call the owner of a claim rather creditors and used for the holder of a right, a right derived from the term, such as " usufructuary " for the holder of a usufruct.

The Austrian General Civil Code (AGB ) and the Liechtenstein Civil Code is the Roman law (due to the underlying philosophy of law from the law of nature ) in more detail, and separates the concepts in more detail ( § 309 sentence 1 Civil Code).

For example, the notice shall be recorded in the new EU registration certificate that the holder of the registration certificate is not recognized as the owner of the vehicle.

Commercial Law

The term is more commonly used in commercial law. Thus one speaks of the owner of a commercial transaction ( Germany: § 25, § 53 HGB ), ie a sole proprietorship, which is registered in the commercial register. In the Civil Code, one speaks of the owner of an establishment ( Germany: § 613a BGB).

Securities Law

Of great importance is the term owner in securities laws. By type of transferability, a distinction here between bearer securities, to order, and Rektapapieren. Checks ( Germany: Article 5 ScheckG ) or shares ( Germany: § 10 AktG) may be issued in bearer form. There are debt securities in bearer form ( Germany: § 793 BGB) and owner of land charges ( Germany: § 1195 BGB).

Public law

In the public right one speaks of the holder of a license, such as a driving license or a firearms certificate.

Patent law

In patent law, the ensuing substantive rights always refer to the patent holder. The right to a patent, the inventor or his successor ( Germany: § 6 of the Patent Law ). As an Authorized applies first of the applicant ( Germany: § 7 of the Patent Law ).

Military historical

Owner of a company as part of the company business.

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