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3. Property rights

a. Real rights and claims

Property rights are broadly divided into real rights and claims. Real rights are the right to directly control material things, while claims are the right to control people; however, since these days it is no longer possible to treat people as the object of rights, claims are now defined as the right to demand certain acts of certain people.

i. Real rights

Real rights are the right to directly control material things. Regarding ownership, for example, Article 206 of the Civil Code states that the ownership is the right ‘to freely use, obtain profit from and dispose of the thing’. Right of ownership is the right to absolutely control a thing, and is at the heart of real rights. All other real rights extend only to part of a thing (restricted real rights). Real rights other than those stipulated in the Civil Code and other legislation cannot be made. The real rights prescribed in the Civil Code can be classified as follows:

ii. Claims

Claims are the right to demand certain acts of certain people (obligors). The nature of these actions can be anything, and the parties concerned can freely decide upon the actions themselves. It is on this point that claims differ from real rights. Consequently, since the varieties of claims are not limited like real rights, they are not clearly classified.


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