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Abstract: The term “servitude” refers to a limited real right which is either linked to a person or another property. Servitude encompasses benefits gained from the property. A limited real right imposes a burden on a property as well as limits the rights of the owner towards the beneficiary. The limited real rights that give the beneficiary the right to use and/or benefit of an item are defined as servitude. Nowadays, multinational companies increasingly prefer to establish a limited right in rem on real estates required for their investments rather than buying or renting them. In this way, they both have stronger powers than the relative powers granted by the rent, while avoiding costly transactions that require the transfer of ownership rights arising from buying the entire real estate. In this study, I will explain servitudes in Turkish-Swiss and German law. First of all, I will determine the similarities and differences of servitudes from Roman law. After that, I will give a general information about servitudes in Turkish-Swiss law. Then I will introduce the articles of Turkish Civil Law relating servitudes. I will also explain the legal characteristics, subjects of servitudes. Finally, I will explain how to terminate these rights in Turkish-Swiss law. After that, I will explain the servitudes in German law in the same line.
Found in: osebi
Published: 17.06.2022; Views: 610; Downloads: 30
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