dingliche

Dingliche, in the context of German civil law, refers to dingliche Rechte, real rights in rem that attach to a thing and are enforceable against third parties. These rights are distinguished from schuldrechtliche Rechte, which are purely personal claims arising from contracts or other obligations. Dingliche Rechte grant direct, immediate power over the object itself and continue to affect the object even if ownership changes.

Dingliche Rechte can concern movable property as well as immovable property. They include ownership (Eigentum) and various security interests and burdens that limit a person’s use or disposition of a thing. Common examples are Pfandrecht (pledge) on movable property; Hypothek and Grundschuld (mortgages) on real estate; Nießbrauch (usufruct), allowing the holder to use a property; and various servitudes (Grunddienstbarkeiten) such as Wegerecht (right of way) or Leitungsrechte (pipeline rights). These rights are typically enforceable against others who deal with the property and, for immovable property, require entry in the land register (Grundbuch) to achieve public notice and priority.

Creation and extinction: Dingliche Rechte can be created by agreement, by law, or by legal succession. For immovable property, registration in the Grundbuch is usually necessary to establish and protect the right and its priority over other claims. Extinction can occur through fulfillment, release, transfer of the underlying property, or destruction or loss of the thing.

Relation to property law: Dingliche Rechte form a core category within Sachenrecht (property law) and provide the legal framework for managing, securing, and transferring interests in tangible assets. They are essential for securing loans and regulating access and use of real property.