Real law (Luxembourg)

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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 . 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.


  • 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

Individual evidence

  1. Intangible assets
  2. Series of the EIKV edited by André Reuter, Heiko Hansjosten and Thomas Gergen