unbekannter Gast


Property, under section 354 ABGB (General Civil Codes) property is defined as an exclusive right conferring a direct and immediate authority over things. Limitations to this right may be found under civil law (easement, lien, ground rent, neighbours´ rights, life interest of retired farmers etc.) or under public law. This means that limitations can be imposed on trade with certain foods, drugs, poisons, precious metals, weapons, explosives etc. As far as real estate is concerned, limitations are imposed by building regulations ( Construction, Legal Aspects of) and zoning schemes (e.g. building bans, obligation to cultivate a certain piece of land; natural parks). Art objects and antiques are covered by Historical Monuments, Protection of. Home Ownership is subject to special regulations. The most severe interference with the property is Expropriation.


H. Koziol and R. Welser, Grundriss des buergerlichen Rechts, vol. 2, 91991.