The legal nature of the real burden in contemporary legal system

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.