Real right
As real rights ( Latin ius in re ) is designated rights of a person to the immediate dominion ( dominium ) over a matter that act against anyone. These are so-called absolute rights . They extend to movable property and land, whereby the circle of real rights is finally defined. These include:
- the property ( dominium , proprietas ),
- the lien ( pignus ): the mortgage, the land and pension debt,
- the easement , also servitut ( servitus ),
- the heritable building right ( superficies ),
- the leasehold ( emphyteusis ), developed from the high medieval feudal system ( feudum ).
Whether the possession ( possessio ) is a (real) right or just a fact is controversial in jurisprudence. In any case, the owner enjoys possessorial property protection claims (“right from property”).
Real claims can arise from real rights, which are not statute-barred . One example is the petitorische Rei Vindicatio called ( "right of possession"), or the management of the execution in the secured grounds of mortgage ( § 1181 para. 1 BGB).
Legal situation in individual countries:
Web links
- Literature on the subject of law in rem in the catalog of the German National Library
Individual evidence
- ↑ Detlev Joost: Munich Commentary on the Civil Code . 5th edition. 2009, before § 854, No. 9 .
