Der Storer Im Privatrecht

Although the German Civil Code (BGB) has contained injunctive relief for the protection of property rights in § 1004 since its inception, numerous dogmatic problems still surround this provision. Patrick Zurth examines injunctive relief from a legal-historical, legal-economic, and legal-dogmatic perspective, developing a new understanding of the "disturber." This characteristic forms the central element of § 1004 German Civil Code and also appears outside this norm in civil law, particularly in the case of so-called disturber liability in intellectual property and personality rights. The aim of this work is to deduce a uniform concept of disturbance across various sub-areas of private law. In particular, the proximity of injunctive relief to tort law is highlighted and the concept of disturbance in private law is further developed by including duties of conduct.