15 Art. 14 GG: Property

Abstract

This chapter examines the right of property, a fundamental right protected under Art. 14 of the Grundgesetz (GG). It first provides an overview of the functions of property and basic problems in the property rights doctrine before discussing the transformation of this doctrine. In particular, it considers the principles established by the Federal Constitutional Court to form the foundation of the doctrine of property rights. These principles are also important in the area of state liability law. The chapter goes on to analyse the Court's jurisprudence regarding the constitutional definition of property and the protected objects of statutes, focussing on cases that address the question of whether trademarks are property, for example, or the doctrine of constitutional protection for an ‘established and operating business’. Finally, it tackles the issue of interference with property rights and the constitutional justification of such interferences.