Do I have any chances?

Pa
8

I have a question about law / compensation. Can someone please give me information as best he can? My ex friend (since the day before yesterday) had given me a laptop and a Ps4 in September / October. He ordered it from Otto in his name and paid in full. This should already be a Christmas present for me. I was really happy. Now at Christmas he was drinking too deep in the evening. I asked him to stop several times because I was afraid, he started to provoke, insulted me deeply and became more and more aggressive. I asked him to leave the apartment because I do not tolerate a drunk in the house where children live and sleep. Suddenly he jumped up to the PS4, tore everything off the cable and threw it down the balcony backrest from the 10th floor… Then he went into the kitchen and took my laptop with cables, boxes, mouse and it flew down the backrest from the 10th floor on the ground. I was so shocked that I called the police. When he saw that, he pushed me to the floor, packed his things and left. I immediately blocked and displayed it everywhere. However, I would like to know if I have the right to get the things that he destroyed for me because after all they were gifts and so after my handover, that is my property right? The only thing I can prove is the delivery box with my name and address and a screenshot where it said that the laptop was mine and that it would be a mistake to take it away from me.

What do you think?

Ra

I guess so…

It was yours at the time

Te

Separate yourself from him, claim damages and hopefully it will be a good thing

do

Is only your laptop if he gave it to you. You write that it should be a Christmas present for you. If the mess was already there, it's yours, if not it's his. Transfer of ownership with handover as a gift: gift giving.

Pa

I got the laptop in October / November after ordering. A very early Christmas present, so to speak. What ever.

do

Then the handover was already over and you became the owner; and you also have all the rights of an owner of publication, compensation, etc

Pa

Are you sure? I hear from everywhere that I have to prove that it was a gift and need evidence and and and and… Just how can you prove something if you got something as a gift without witnesses ect. I'm completely confused

do

The problem in German law is the acquisition of property: this takes place through agreement and handover of the thing. Anyone who is in possession of the thing has an advantage because the handover has already taken place. Then there's the agreement: donation here. There's a reversal of the burden of proof. As owned and asserted property acquisition through gift. Then the other has to prove that no gift. You don't have to prove anything here, since you already had the things. Called itself: property law.

Pa

Wow OK.