Besitz als relatives Eigentum?

Beschreibung

The doctrine of relativity of title, i. e. the idea that every possessor has a property right enforceable against everyone except the true owner, is a core principle of property law in the common law tradition. It also exists in the civilian tradition, albeit with a much narrower scope. Felix Kiefner examines the doctrine of relativity of title in both traditions including its historical development, its shape in modern English and German law, the value judgements underlying the doctrine in different cases of possessors, and the extent of its explanatory power.
The doctrine of relativity of title, i. e. the idea that every possessor has a property right enforceable against everyone except the true owner, is a core principle of property law in the common law tradition. It also exists in the civilian tradition, albeit with a much narrower scope. Felix Kiefner examines the doctrine of relativity of title in both traditions including its historical development, its shape in modern English and German law, the value judgements underlying the doctrine in different cases of possessors, and the extent of its explanatory power.

Autor*in

Felix Andreas Kiefner
Studied law in Cologne, Paris, Freiburg, and Cambridge; LL.B. (Cologne) and Maîtrise en Droit (Paris I) in 2015; First State Examination in 2018; research assistant at the University of Freiburg; LL.M. (Cambridge, Sidney Sussex College) in 2020; research assistant at the University of Cologne in 2022; legal traineeship (Referendariat) at the Regional Court of Freiburg since 2023; doctorate in 2024; Second State Examination in 2025; Academic Assistant (Akademischer Rat auf Zeit) and habilitation candidate at the Institute for Historical Comparative Law at the University of Cologne.

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