Eigentumsverschaffungs

Eigentumsverschaffung, in civil law, describes the legal process by which a person becomes the owner of a thing or asset. It encompasses the various pathways by which ownership is transferred or acquired, including contractual transfers, statutory acts, and, in some cases, time-based acquisition through possession.

For movable property, the typical route is a contract of transfer such as a purchase or gift. In many jurisdictions, ownership of a movable item passes to the purchaser upon the agreement of the parties and delivery of the item (often summarized as a two-element requirement: agreement and delivery).

For immovable property, such as land or buildings, ownership transfer generally requires additional formal steps. In several legal systems, the transfer is achieved through an agreement to convey (often called Auflassung) and the subsequent entry of the new owner in the land register (Grundbuch), usually effected with the involvement of a notary. The entry in the register is the decisive act that completes the Eigentumsverschaffung for real estate.

Other avenues exist for acquiring ownership, including inheritance, gift, or other legal mechanisms. A separate route is acquisition by usucaption (Ersitzung), where ownership arises through long, uninterrupted possession under statutory conditions.

It is important to distinguish Eigentum (ownership) from Besitz (possession). Eigentum is the owner’s full property right, whereas Besitz denotes actual physical control or custody of the object, which may be held without transferring ownership.

Overall, Eigentumsverschaffung consolidates the legal framework by which title to property changes or is established, varying in method depending on whether the asset is movable or immovable and on the applicable jurisdiction.