Sachenrechts

Sachenrecht is the part of civil law that governs rights in rem in things, including ownership, possession, and real rights associated with objects. It distinguishes between the legal status of a thing and claims against a person in its use or transfer. The field covers movable and immovable property, as well as the creation, protection, and limitation of these rights.

Sachen, for the purposes of Sachenrecht, are tangible things that can be owned or used. This includes both movable things (Gegenstände) and real property (Immobilien). The main categories of rights in relation to things are Eigentum (ownership), Besitz (possession), and dingliche Rechte such as Nießbrauch (usufruct), Erbbaurecht (heritable building right), and Grunddienstbarkeiten (servitudes). There are also encumbrances like Pfandrecht (pledge), Hypothek, and Grundschuld, which secure claims against a property.

Besitz and Eigentum are distinct concepts. Eigentum is the authority to dispose of a thing, while Besitz is the actual control or physical hold. The law provides possession protection against disturbance or unlawful interference, and it also governs the transfer and protection of ownership and other real rights.

Transfers of ownership follow specific rules. Movable property is typically transferred by Einigung (agreement) and Übergabe (delivery) under 929 BGB. Real property requires Auflassung (agreement to convey) and entry in the Grundbuch (land register), with further effects under 873 BGB and related provisions.

The Grundbuch (land register) records real rights and their status, providing public notice and security of title. Sachenrecht thus structures how property is owned, used, transferred, and encumbered, and it underpins the legal framework for real estate, personal property, and related security interests.