Güterzuordnung als Rechtsprinzip

Social, economic and technological developments have resulted in the creation of new goods such as electricity, merchandising of celebrities, or Internet domains. As long as the legislator has not made a specific decision about whom to grant exclusive rights for such new goods, some people will claim to be entitled to use and market them exclusively, whereas others will invoke their freedom of action to lawfully benefit from the goods. Alexander Peukert discusses which approach is valid under German law. Are the courts entitled to recognize new exclusive rights? Relying on a thorough analysis of private, procedural and constitutional law, the author develops a general theory of German property law. He concludes his study with a critique of Locke's assumption that property is liberty.