A General Overview of the Rights in Rem in Germany

Abstract

German law’s treatment of the law of things is examined in this article. It presents the fundamental principles that regulate the matter, highlighting the principle of abstraction. It studies the notion of thing adopted by the German Civil Code, which is no longer confused with the situation of animals. The text further analyzes property rights in Germany, including their limitations, restrictions, forms of defense, content, as well as the social link required by the German Constitution. This research uses a descriptive and deductive methodology, fundamentally based on bibliographic, jurisprudential, and legislative research. Finally, the panoramic study of the subject seeks to encourage the reader to better understand the socioeconomic role of the rights in rem and to seek solutions in German law to problems existing in Brazil.