Inter-Partes-Publizität und eingeschränkte Absolutheit

This article explores the significance of possession in German tort law, namely its role in enabling individuals without rights in rem to bring direct claims against tortfeasors. It distinguishes between two scenarios. In the first scenario, the possessor holds a contractual right to possess. Contrary to the common view that possession serves as an erga omnes signal of that right, this article argues that it primarily indicates the owners intent to fulfill the contractual obligation inter partes. In the second scenario, the possessor lacks any contractual rights. Here, possession - if acquired in good faith - grants a title good against all others except those with a better title, reflecting the concept of limited absoluteness.