Besitzlage

Besitzlage is a term used in German civil law to describe the factual and legal circumstances under which a person holds a thing in possession. Possession (Besitz) means actual control over a thing, but the possession state is defined by the combination of physical control and the possessor’s intention to possess (animus possidendi) and by the continuity with which that control is exercised. The possession state or “Besitzlage” thus refers to the current configuration of who has actual control, on what basis this control is held (for example as owner, tenant, custodian, or borrower), and whether the possessor acts in good faith or with knowledge that he lacks entitlement.

The concept is distinct from Eigentum (ownership). A person can have a possession state without owning the object, and possession can be protected by law even in the absence of ownership through rules governing possession (Besitzschutz). The Besitzlage becomes especially important in questions of acquisitive prescription (Ersitzung) and in determining rights in possession disputes, where the duration and quality of possession, including good or bad faith, influence legal outcomes.

In practice, the Besitzlage captures who exercises control over a thing and under what circumstances, and it can be altered by transfers, losses of control, or interruptions in possession. For example, a renter who leaves a property in the care of a neighbor maintains a certain Besitzlage as long as control and the intention to possess persist, which can affect the neighbor’s rights to continued possession or to reclaim possession if challenged.

Overall, Besitzlage is a descriptive concept used to assess the state of possession, its legal basis, and its implications for possessory rights and acquisitive processes within German civil law.