'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.