Real Rights Overview

Real rights are legal entitlements that are effective against everyone and are governed by a closed system of specific rules.

The concept of real rights can be understood in two ways: objectively as a set of rules and subjectively as the rights themselves.

A real right is effective against everyone (erga omnes) meaning it can be asserted against any individual.

Real rights are limited to a closed catalogue (numerus clausus) meaning only pre-specified rights can be claimed.

The rules governing real rights are essential and cannot be easily changed (iura cogentes), reflecting their importance in society.

Real estate is land and any building that is considered a separate ownership object.

Movable property refers to anything that can be easily moved, unlike immovable property like land.

Animals are not considered 'things' under the law, as they are recognized as living beings capable of suffering and require protection.

A person who acquires a movable object from someone who is not its rightful owner gains ownership as soon as they take possession, unless they knew it was wrongfully acquired.

If a lost, stolen, or mislaid object is acquired, the new owner only gains ownership after 3 years, except for money, bearer documents, items bought at official auctions, or things acquired during legal procedures.

The person in possession of an object is presumed to be the owner.

Possession is assumed to continue unless proven otherwise.

Possession is presumed to be legal and in accordance with the law.

Possession is assumed to be continuous unless evidence suggests interruptions.

Possession cannot be taken away forcibly, regardless of whether the possessor acquired it legitimately.

Possessors can use self-defense to protect their possessions, and they can use immediate force to restore their possessions if threatened.

A claim, unless formally declared unlawful by a court, is not invalidated by the possessor's lack of good faith or their possession conflicting with legal status.

The right to use and enjoy property, to the exclusion of others, within lawful limits and for societal benefit.

Ownership of goods is transferred when a contract requires it and unless a specific regulation or parties' agreement dictates otherwise. Transfer of possession is essential for fungibles and future goods.

Real estate ownership cannot be transferred conditionally or subject to a future date. To transfer ownership, both parties must unconditionally agree to immediate transition even if the contract initially contains conditions.

Transferring real estate ownership requires a notarial deed for both initial transfer and fulfilling previous obligations. This formal requirement ensures clear and verifiable transfers.

A notarial deed is required for transferring the ownership of real estate. This deed needs to include the specifics of the real estate and the parties involved in the transfer.

A transfer of ownership is the act of passing ownership of an asset from one person to another. It is a fundamental concept in property law.

Ownership of an asset can be gained in various ways such as transfer, prescription, abandonment, appropriation, finding, separation, transformation, attachment, mix, or extra-civil means. Each method has its own legal implications and requirements.

Giving someone the right to use and collect profits from a specific thing, but not ownership.

Usufruct rights can be limited in scope, by excluding profits or specific parts of the property. For example, you might have usufruct rights only for the farm's crops, not for the land itself.

A usufruct is non-transferable, meaning the person who has it can't sell or give it away to someone else.

The person with the usufruct right must take care of the property like a good owner would, for example by doing basic maintenance.

The owner of property with an existing usufruct is not required to spend money on it unless it is necessary for basic maintenance. However, if they choose to do so, they can claim the expense back from the usufructuary.

The person with the usufruct right must perform regular maintenance and repairs to keep the property in good condition.

If the usufruct is not used for 10 years, it automatically ends.

A usufruct established for a specific individual ends when this individual passes away.

A natural person, legal person, or organizational unit that engages in an organized, profit-making activity in their own name, consistently.

A natural person who performs a legal act with an entrepreneur, but the act is not related to their business or professional activity.

Any legal entity that is independent of its partners, has its own rights and obligations, and can act in its own name. Examples include corporations, non-profit organizations, and some municipal corporations.

An entity that has legal capacity but may lack full legal personality. It may have limited capacity for legal acts and often depends on its partners for certain actions.

The ability to acquire rights and incur obligations.

The ability to exercise legal capacity through specific actions. For example, entering contracts or acquiring property.

The process of dissolving a legal person and distributing its assets.

A legal act whose object is an enterprise, encompassing everything that is part of it unless specified otherwise by the act itself or specific regulations.

The business name of a natural person includes their forename and surname, but can also include a pseudonym, descriptions of their business, location, or any other freely chosen detail.

A legal person's name is its business name, and it must include its legal form. It can also specify its objects, registered office, and other freely chosen descriptions.

An entrepreneur's business name must be distinct from other businesses operating in the same market to avoid confusion among consumers.

It's illegal for a business name to be misleading by misrepresenting the entrepreneur's identity, business activities, location, or sources of supply.

The business name of a legal person may include the surname or pseudonym of a natural person if it indicates their connection to the business.

When a natural person's surname or pseudonym is used in a business name, their written consent is required, or their spouse and children if they are deceased.

A change in business name must be officially registered.

When an enterprise or agricultural farm is transferred, the acquirer is jointly and severally liable for the transferor's obligations related to the business unless they were unaware of those obligations despite exercising due care.