Schister, RomanRomanSchister2023-04-132023-04-132021-09-20https://www.alexandria.unisg.ch/handle/20.500.14171/109950Even if the owner has successfully recovered his property from the unlawful possessor, the financial situation between the two parties is not settled. The possessor has been able to use the object during the period of unlawful possession without compensating the owner for this. He may have damaged or destroyed the object. Moreover, he may have invested his own assets in order to cover the maintenance costs of the object or to improve its condition. Yet, he can no longer benefit from his investment. The legal answers to these problems are provided by the provisions on the so-called owner-possessor relationship ('Eigentümer-Besitzer-Verhältnis'; art. 938 et seqq. CC). This thesis examines the principles of the claims both parties have against one another under Swiss law, but it also draws the reader's attention to ambiguities and inconsistencies. Where it makes sense, references are made to the corresponding rules in German law. At several points, the author proposes solutions that deviate from the prevailing doctrine. For example, he suggests to generally exclude invalid contracts from the scope of application of the provisions on the owner-possessor relationship. Furthermore, he argues that the bona fide possessor should have to surrender the benefits he derives from the consumption or alienation of the object to the owner according to enrichment law. Meanwhile, the possessor in bad faith should not owe compensation for missed fruits, which the owner himself would not have produced. Additionally, the possessor in bad faith should have a right to remove the impensae utiles and voluptuariae before returning the object.deSachenrechtEigentumBesitzSchweizEDIS-5144doctoral thesis