Besitztums

Besitztum is a German legal term that denotes the object of possession. It refers to the thing or asset that a person physically controls or possesses, regardless of whether the possessor is the owner. The Besitztum can be a movable item, such as a book or a car, or an immovable asset like real estate. The concept emphasizes possession as a factual situation rather than a legal title.

The term is distinct from Eigentum (ownership). Eigentum is a legal right to dispose of a thing, while Besitztum concerns actual control and use. A person may have Besitztum without Eigentum—for example, a borrower, tenant, or custodian who holds and uses a thing without owning it. Conversely, someone may own a thing (Eigentum) but not be in possession of it at a given moment.

In German private law, possession is protected by the law even when ownership lies with another. The possessor has a right to maintain possession against unwarranted interference, a protection known as Besitzschutz. Provisions on possession are mainly found in the Bürgerliches Gesetzbuch (BGB) and cover scenarios such as loss, transfer, or restoration of possession.

Besitztum is also used in everyday language to describe a person’s possessions or assets, though in legal contexts the focus remains on the factual control of the thing. The plural Besitztümer commonly denotes multiple possessed items or properties. Related concepts include unmittelbarer Besitz (direct possession) and mittelbarer Besitz (indirect possession), which describe different modes of how possession is exercised or held through another.