Zum kollisionsrechtlichen Umgang mit sachenrechtlichen Eigentumsvermutungen aus dem Besitz
Keywords:legal presumptions, possession, ownership, conflict of laws, <i>lex rei sitae</i>, <i>lex fori</i>
AbstractA presumption is made in the favour of the possessor of a movable thing that he is the owner of the thing, and likewise it is presumed that a former possessor was the owner during the term of his possession. However, legal presumptions such as those behind the German Civil Code’s §1006, subsections 1 and 2 (or §90 of the Estonian Law of Property Act) are shifting the burden of proof to the other party, the one who is not or was not the possessor of the movable. The paper examines the attendant issues with regard to conflict of laws, with the conclusion that it remains unclear whether legal presumptions arising from possession should be qualified by the lex rei sitae doctrine (per the Introductory Act to the German Civil Code, Article 43, Subsection 1), instead as ‘rights over an object’ (under that article’s Subsection 2), or in line with procedural regulations (lex fori).
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How to Cite
Zivanic, A. (2021). Zum kollisionsrechtlichen Umgang mit sachenrechtlichen Eigentumsvermutungen aus dem Besitz. Juridica International, 30, 90–98. https://doi.org/10.12697/JI.2021.30.11