How did Germanic law define gewere in disputes over property?

In the context of Germanic law, gewere was the primary concept governing property, defined as the power exercised by an owner over an asset. Crucially, this legal framework did not clearly distinguish between legal title and physical control.1

Because gewere conflated these two aspects, it served as the central element in property disputes. When land was transferred among west Germanic peoples, the formal handover of a symbolic object—such as a glove or a spear—represented the transfer of this gewere from one party to another.1

In legal proceedings, if a claimant successfully proved their case through methods such as oath, ordeal, or battle, they were responsible for enforcing the judgment themselves against the defendant's person or property. This system highlights that, unlike modern legal systems that may treat possession as distinct from ownership, early Germanic law viewed the power of control as the fundamental expression of property rights.12