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Property, as a fundamental institution was, and is the most dynamic source of social, intellectual and cultural development, forming the co-ordination of actions of individuals or collectives as a fundamental problem of human society. In the era of globalization, a significant partial change of the character of property is taking place, due to the rapid development of modern technologies (especially information technology). How to treat property in such a dynamic and complex environment and how to harmonize the growing tension between performance and reward created by the ever-finer division of labor is one of the most important key questions of this century. This (partial) change of the character of property is reflected phenomenally in the fundamental issue of (global) civil law, namely, in the ever increasing conflict between legal certainty and efficiency due to legal uncertainty and inefficiency. Apodictically, the difficulties of the (global) credit protection laws typify this basic problem. The rigor of managing the requirements of publicity in favor of legal certainty develops in inverse proportion to the economic efficiency of security instruments. From a legal, as well as from an economic point of view, the abstraction principle of German law currently offers the best possible legislation for modern highly complex (global) economic transactions which demand high security, speed, flexibility and overall efficiency. However, the current imperfect parameters of German civil law promote the self-destructive potential of the historically evolved principle of abstraction, leading to a rescission of dogmatic German civil law distinguishing between the law of obligations and property law. The dogmatic imperfection of the principle of abstraction in German civil law can be remedied by adding missing completion regulation mechanisms (central electronic registration system). By perfecting the abstraction principle with an electronic central registry, it is possible to achieve not only information transparency and command of legal practice for the first time, but also the most efficient formation of assets. This marks the legal transition from the industrial age to the digital age. This mechanism will revolutionize more than the law.

Die abstrakte Gestaltung von Sicherheiten als elementarer Ausdruck der Privatautonomie