By Issam K. H. Halayqa

ISBN-10: 3934628958

ISBN-13: 9783934628953

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Extra resources for A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 1

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Baur / Stürner, Sachenrecht (1999)17, § 49 no. 4. 28 Germany accordingly retains the right to use and enjoy the property. Although the secured party formally acquires ownership in the meaning of § 903 this position of conditional ownership must be distinguished from the all-embracing position of power usually derived from ownership. 91 The ownership of the creditor as the secured party will therefore not fully materialise unless the debtor is either in default of performance or other creditors of the debtor seize the property in the course of enforcement proceedings.

The interference may consist of an act or the continuance of nuisance. 109 The claim is directed against the so-called violator (Störer), being the person responsible for the interference. A person, who suffers interference with ownership, can demand the abatement of the nuisance if the nuisance subsists or the extension of the nuisance is impending. 110 The claim for abatement of a nuisance is litigated by an action for affirmative relief, and has to set out what measures for abatement are necessary.

This general rule of tort law protects interference with property rights. It is further established that this protection also applies to equitable interests, the equitable interest being acknowledged as ‘another right’ in the meaning of § 823 I. However, the general rules of tort law may to some extent conflict with the provisions particularly tailored to property law. This conflict is resolved by the rule that both the rei vindicatio and the claim for compensation arising from the owner-possessor-relationship prevail over the application of tort law rules, unless property law rules explicitly refer to the latter, as is the case in § 992.

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A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 1 by Issam K. H. Halayqa


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