Real law (Luxembourg)
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 . The following article describes their basis in Luxembourg .
Classic view
According to Luxembourg law, rights in rem belong to the group of subjective rights . Personal rights also count among the subjective rights .
The right in rem is, according to Roman law, ius in re , the personal right ius ad rem / in personam .
Real rights are thus subjective rights that are directly related to a thing without having to be mediated by another person. The Luxembourg Civil Code looks just like the codifications German-speaking countries, especially the property (incl. Co-ownership and condominium ) and the possession before and limited real rights , such as in particular usufruct , easements , ground lease , leasehold , furniture deposit and as mortgages that use deposit and Mortgage . The land charge and joint ownership are unknown in the Romance legal system .
The rights in rem give their right holder two rights that other subjective rights do not grant: the resale right ( ius persequendi ) to reclaim the thing from the power of another, and the right of satisfaction ( ius praeferendi ), i.e. H. the right to demand satisfaction of his claim from other creditors.
Upheaval in intellectual property - intangible assets
A change is taking place in the consideration of intellectual property , which in turn are subjective rights, ergo form a category of their own. However, from the term "intellectual property" it can be seen that it is a real right (property) which, because of its incorporeal nature ( intangibility ), cannot typically be a real right. Although the term "intellectual property" is still like hand, has in the jurisprudence of the term " intellectual property enforced". This largely takes better account of the material and ideal content of this right, i.e. H. the monetization ( volet matériel ) and the rem juridification (d. h. property rights ) on the one hand and the protection of the intellectual content ( volet moral ) on the other (see moral rights here).
In Luxembourg, the European Institute for Knowledge and Values Management has been devoting itself to the economic-legal approach of evaluating intellectual property rights since 2004. of intangible assets.
literature
- Markus Förster: Luxembourg Internet Law . In: Les Cahiers du droit luxembourgeois 24/2015, pp. 17–52. (Trier)
- Gergen: Mediation and Translation in Intellectual Property Law. Business mediation with a focus on Germany and Luxembourg . Baden-Baden, Nomos 2015, ISBN 978-3-8487-2330-0 (Denkart Europa series).
- Gergen, Görög: To what extent are heirs bound by copyright? A basic question from the Hungarian-German perspective . In: ZErb - Journal for Tax and Inheritance Law Practice 9/2016, pp. 263–265.
- Haase, Gergen: The Sale of University Patents in the Light of EU State Aid Law - On the Competition-Based Sales Process . In: Medien und Recht International (MR Int.) 1/2016, pp. 23–28.
Web links
- Official website of the EIKV Luxembourg
- Gergen Thomas, On the problem of limitation in copyright law. At the same time discussion of the ALAI Association Littéraire et Artistique Internationale - Groupe Autrichien - Michel M. Walter (ed.), The proceedings of the ALAI Study Days in Vienna 2010, focused on the topics of duration of copyright and related rights (English; Français; Español ). XX, 790 pages. In: Media and Law International (MR-Int.) European Review of Media Law, IP & IT Law 3-4 / 2013, p. 95
- Gergen Thomas, pirated printing and copyright. In: Homenaje a Michel Villey (1914-1987), Revista Europea de Historia de las Ideas Políticas y de las Instituciones Públicas 7 (2014), pp. 115–124.
- Headquarters / Gergen, protection of trademarks and business names in Luxembourg - overview with a legal discussion from Luxembourg advisory practice. In: Revista Europea de Derecho de la Navegación Marítima y Aeronáutica XXXIII (2016).