On the structure of a request for rectification

Franz Wieacker

Обкладинка. 1-й випуск

Abstract

The lack of understanding by the civil law legislator of the function of book ownership in German real estate law has led to a view of the rectification claim (BerA) that merely serves to technically complicate what are essentially simple fundamental legal issues. If we try to get as clear a picture as possible of how these issues are embedded in the basic structure of the German Land Registry system, the practice that finally seems to have found its way may not need it so much. Nevertheless, the theorist should not shy away from methodical attempts to convincingly derive from general, mutually agreed-upon ideas about the structure as a whole the most accurate judgments about its details without abstract limitations.