Land right
Plot Equal rights is in German property law a right in rem , the same as a legally land is treated. The leasehold rights include apartment and partial ownership , heritable building rights , mine ownership and ship ownership .
species
These rights are referred to as land rights because the applicable land legislation, in particular the property right of it on the Civil Code of § § 873 et seq. BGB apply. According to Section 1 (1) WEG, this applies to apartment and partial ownership as forms of property ownership, Section 11 (1) sentence 1 ErbbauRG for heritable building rights, Section 9 ( 1) clause 1 BBergG for mine ownership . The special regulations of the SchiffsRegG apply to registered ships, shipbuilding works and floating docks . Strictly speaking, the rights to ships, ship structures and floating docks are not rights equivalent to land, but ownership of ships, ship structures and floating docks is similar to ownership of land in the way it functions. If ships are entered in the shipping register, they are regularly treated like land. Rights equivalent to land are treated materially and formally in the same way as land.
register
A public register such as the land register for land is kept for rights equivalent to land. Accordingly, it is called the apartment and partial ownership land register for residential property , hereditary building land register for heritable building rights and mining land register for mining rights . In accordance with Section 1 (1) of the Ship Register Ordinance (SchRegO), the so-called ship register is also kept by the local courts for ships . Entries and deletions in these registers are carried out by the competent register courts . These are departments of the relevant local courts . The register of ships is kept by the local court as a register court, in whose register district the home port or the home town of the ship is located. If there is no home port or if shipping is to be operated from a foreign location, the choice of the shipping register is optional. A distinction is made between an inland waterway and a seagoing ship register . In accordance with Section 3 (3) SchRegO, inland vessels are entered in the inland shipping register that are either intended for the transport of goods and have a maximum carrying capacity of at least 10 tonnes or are not intended for the transport of goods if their water displacement at the greatest immersion is at least 5 cubic meters , as well as push boats , tugs and tankers . In accordance with Section 3 (2) SchRegO, those ocean-going ships that are flying the federal flag must be entered in the shipping register .
As land rights can participate in real estate mortgages will be charged, including mortgages , mortgages and land charges . In the case of ships, however, only the ship mortgage is possible ( Section 24 SchiffsRegG).
No land rights
The rights to aircraft do not belong to the land rights . These are entered in an aircraft register, but this does not have any legal effect. However, a registered lien in the register of liens on aircraft is similar to a ship mortgage.
literature
- Hans Hermann Seiler : Property Law - General Teachings . In: Michael Martinek (Ed.): J. von Staudinger's Commentary on the Civil Code - Cornerstones of Civil Law . Sellier - de Gruyter, Berlin 2012, ISBN 978-3-8059-1142-9 , pp. 955-978 .
Individual evidence
- ↑ BGHZ 112, 4 ff.
- ↑ BGHZ 23, 241, 244
- ^ Rainer Smola: Pfandbrief Act. 2014, p. 106.
- ^ Jan Wilhelm: Property Law. 2007, p. 756 f. (FN 3089)
