Usurper

As usurpation (from Latin or from Latin usurpatio usurpare, actually tear through use, per se, unlawfully seize power himself ) is in the newer usage, the presumption of property, an authority, but especially designated by the public authorities - ie in particular the violent repression of a legitimate ruler, the overthrow of the Constitution and the suppression of the independence of a State by a usurper.

If the usurper only the meantime come into the possession of state power, so again restored the rightful ruler has mostly the government acts performed in the meantime, in the factual and legal consequences acknowledge, otherwise manifest unfairness and inconvenience would arise.

The usurpation of power

Most is in the historical and political context then a usurpation of the speech, when the previously legitimate rulers at the time of collection of the competitors still alive and held office. So it's always a conflict between the former ruler and his challenger, who often has features of a civil war.

With the concept of usurpation the idea of a lack of legitimacy is connected. The usurpation but may subsequently obtain a legitimate character, if the the usurper defeated former ruler or an appropriately authorized body approves or later the people accepted the new rulers. But even without such legitimacy are acts of state violence usurped the first valid, because the power to exercise of state power is not tied to legitimate use, but in the actual possession of state power.

Because there is no generally applicable criteria for a clear demarcation of usurped and legitimate power, often determines only the output of the power struggle over who is counted as a usurper. Thus began, for example, the Roman emperor Diocletian 284 as a usurper, but was able to prevail against its competitors Carinus and therefore was from 285 as the legitimate ruler. A successful usurper can therefore be the rightful ruler when his opponents are off. The formal recognition of his rule size is then legally significant, but is usually only a direct consequence of the real power relations.

In late antiquity term " tyrant " (Greek Bane, Latin tyrannus ) was used to identify a usurper in the rules of the ( actually something else significant ).

Civil law

The German law recognizes the " Usurpationstheorie ". In accordance with § 1004 para 1 sentence 1 BGB the owner of the interferer may require the " removal of the interference ." Some of the literature suggests that the claim under § 1004 of the Civil Code, contrary to claims in tort under § § 823 ff, § § 249 ff BGB can be no complete restoration. That is clear from the wording of the provision. The claimant could, however, only the withdrawal of the interferer from the foreign jurisdiction require ( Neuner JuS 2005, 385, 391 ). The case law, however, follows the " restoration theory " and provides a partial overlap between the tort and restitution of legal consequence of § 1004 BGB. A moderate recovery also any damage is therefore possible (BGH NJW 2004, 603, BGH V ZR 142/ 04).