Die Ablieferung nach § 817 Abs.2 ZPO

The procedure of distraining goods is problematic if these goods do not belong to the debtor. The question as to if and in which cases a third person loses his goods depends on the legal nature of the application process, a controversial issue since the establishment of the German Code of Civil Procedure. An analysis of the historical development of the enforcement as well as of public law in general can create a new approach to solving the above mentioned questions.