Private Property Laws in Germany

Private Property Laws in Germany

Updated on Saturday 21st August 2021

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Private-Property-Laws-in-GermanyProtection of private property in Germany

Germany takes very seriously the protection of private property. According to the German laws, the protection of private property falls under federal and local legislation. The country has a broad legal framework that covers the protection of private property of both nationals but also of foreigners purchasing real estate property in Germany. Germany also has a very well-determined legislation regarding the protection of intellectual property. All German legislation regulating the protection of private property is in accordance to international laws on private property.

Protection of land ownership in Germany

Germany has a specific system of fundamental rights protection when it comes to private property, especially land ownership. Private property in terms of land is protected by the Constitution but also by the German legal system. Land titles in Germany are referred to as absolute and exclusive, according to Article 14 in the Constitution and Section 903 in the Civil Code in Germany. An absolute owner has the right to fully control the land and other immovable property such as real estate on the land in question. The German Constitution grants institutional legitimacy to the protection of private property compared to other countries. Private property represents a very important place among all individual rights granted to German citizens.

If you want to purchase a property you can rely on our German lawyers to help you with all the formalities, including the real estate due diligence procedures.

Our lawyers are also at the service of those who want to contest wills in Germany.

The protection of intellectual property in Germany

Intellectual property benefits from extended protection in Germany especially for its commercial value. Among intellectual property laws are the Copyright Act, the Patent Act, the Trademark Act which is very important for German companies, the Design Act and the Utility Model Act. Compared to other European countries, the Civil Code also contains provisions about the protection of German intellectual property. Another law of major importance for the protection of intellectual property in Germany is the Act against Unfair Competition. At international level, Germany is also a signatory member of numerous conventions and treaties that regulate the protection of intellectual property. Among these the WIPO (World Intellectual Property Organization) Copyright Treaty and the Trademark Law Treaty.

For detailed information about the protection of private property you can contact our law firm in Germany.