Von der Rechtsfähigkeit der Erbengemeinschaft

»About the Legal Capacity of the Community of Heirs« Judicature and doctrine have always struggled to classify the german community of joint owners among the conventional legal communities: the community of part-owners and the juristic person. In renunciation of this dogmatically waged dispute, the German Federal High Court of Justice ruled, solely based on practical considerations, that the community of heirs - as one of the three communities of joint owners in the German Civil Code - has no legal capacity. This thesis attempts to prove that the aforementioned dispute and the question of the legal capacity of the community of heirs can only be solved on a dogmatic basis and not just by searching for a feasible solution.