所有权在德国宪法中被理解为行使自由的实质推动力和个人存在的基础,不存在天赋的所有权,立法者一般须抽象规定且不断更新所有权的规范内容。所有权基本权利虽不由国家创制,却不得因此而干涉他人权利或破坏自然环境。对所有权的限制性规定针对的是恣意行使权利的人,该限制不得恣意进行,必须是为了公共福祉,且须合理。 Ownership is understood in the German constitution as the basis for the substantial impetus and individual existence of the exercise of liberty. There is no natural ownership of the gift. Legislators generally need to abstract and constantly update the normative content of ownership. Although the basic rights of ownership are not created by the state, they must not interfere in others’ rights or undermine the natural environment. Restrictions on ownership are directed against those who exercise their rights at will, which restrictions must not be arbitrary, must be for public welfare and must be justified.