Güterrecht

Güterrecht, in German-speaking jurisdictions commonly called Sachenrecht, is the branch of private law that governs rights in rem in things, as well as the possession and use of assets and the encumbrances or security interests attached to them. In Germany it forms a major part of the civil code (Bürgerliches Gesetzbuch, BGB) and regulates how rights in movable and immovable property are created, transferred, protected and terminated.

The scope includes ownership (Eigentum), other forms of ownership interests, and the concept of possession (Besitz) as the actual control of a thing. It also covers dingliche Rechte, or real rights, which bind the asset itself and are enforceable against third parties. Examples include Eigentum, Nießbrauch (usufruct), and various limited real rights such as servitudes as well as security rights like Hypothek, Grundschuld and Pfandrecht. The law distinguishes between movable property and real property, with different formal requirements for their transfer and protection.

Acquisition and transfer of rights follow specific rules. For movable objects, ownership typically passes through agreement (Vertrag) and delivery (Übergabe) of the thing. The transfer of ownership of real property (immovable) generally requires an Auflassung (declaration of intention) and a Grundbuchseintragung (entry in the land register). Acquiring or creating dingliche Rechte may require additional formalities and registrations to ensure enforceability against third parties.

Protection mechanisms include remedies to safeguard possession (Besitzschutz) and to defend against interference with property rights. Güterrecht interacts with other areas of private law, notably Schuldrecht (obligations) for transfer contracts and Sicherungsinstrumente (security arrangements), and with registry and formalities governing real property.

Historically, the modern German Güterrecht evolved with codification in the BGB (late 19th century) and has influences from Roman and continental private law, shaping contemporary property and security arrangements.