Real right

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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:

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

Individual evidence

  1. Detlev Joost: Munich Commentary on the Civil Code . 5th edition. 2009, before § 854, No. 9 .