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- Von der Rechtsfähigkeit der Erbengemeinschaft
Von der Rechtsfähigkeit der Erbengemeinschaft
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»About the Legal Capacity of the Community of Heirs«
Judicature and doctrine have always struggled to classify the german community of joint owners among the conventional legal communities: the community of part-owners and the juristic person. In renunciation of this dogmatically waged dispute, the German Federal High Court of Justice ruled, solely based on practical considerations, that the community of heirs - as one of the three communities of joint owners in the German Civil Code - has no legal capacity. This thesis attempts to prove that the aforementioned dispute and the question of the legal capacity of the community of heirs can only be solved on a dogmatic basis and not just by searching for a feasible solution.
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