The legal nature of the real burden in contemporary legal system
Date Issued
2024
Author(s)
Tina Przeska
Tea Lalevska
Abstract
The real burden is regulated by the contemporary legal systems as a right that
enables its holder to demand the fulfilment of certain obligations from the owner of a
particular real estate encumbered with the real burden. As a result of this particular content
of the real burden, scholars have adopted different opinions on the matter concerning the
legal nature of real burdens. Some scholars hold the opinion that the legal nature of the real
burdens is unclear and borders between an obligation and a right in rem. Others consider the
real burdens as a right in rem since it exists as an encumbrance on real estate. There are also
scholars who consider real burdens to be obligations between two parties that affect the
value of a certain real estate.
This paper aims to examine the legal nature of real burdens from a legislative
standpoint by examining the manner of regulation and characteristics of real burdens in
contemporary legal systems in Europe.
enables its holder to demand the fulfilment of certain obligations from the owner of a
particular real estate encumbered with the real burden. As a result of this particular content
of the real burden, scholars have adopted different opinions on the matter concerning the
legal nature of real burdens. Some scholars hold the opinion that the legal nature of the real
burdens is unclear and borders between an obligation and a right in rem. Others consider the
real burdens as a right in rem since it exists as an encumbrance on real estate. There are also
scholars who consider real burdens to be obligations between two parties that affect the
value of a certain real estate.
This paper aims to examine the legal nature of real burdens from a legislative
standpoint by examining the manner of regulation and characteristics of real burdens in
contemporary legal systems in Europe.
Subjects
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Зборник на енглеском КОМПЛЕТНО (str. 1-13, 16-28).pdf
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