Comparative Study on the Law of Taking and Compensation

德国宪法法院自1981年7月15日的判决以来，在财产权的宪法保护方面不断发展新的理论。由于它的判决基本上不同于以前的民事法院判决，德国律师经常谈到产权理论的范式变化。然而，德国宪法法院在1960年代和1970年代已经作出了几项具有同样效力的裁决。第一个是所谓的“费尔德米尔”-决定在1962年，第二个是在1971年。后来成为宪法法院法官的Lerke Osterloh教授认为，根据这些法院裁决，不仅在受理案件时，而且在财产权的法定限制中，都可以要求赔偿。

The German Constitutional Court has been developping a new theory with regard to the constitutional protection of the property right since its decisions on the 15th July, 1981. As its decisions differ basically from the former civil court decisions, German lawyers often speak of a paradigm change in the property right theory. However, the German Constitutional Court had given several decisions to the same effect already in 1960's and 1970's. The first one was so-called "Feldmuehle"-decision in 1962, the second one was in 1971. Professor Lerke Osterloh, who later became judge in the Constitutional Court, argued according to these court decisions that the compensation can be required not only in taking cases, but also in statutory limitations of the property rights.