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Division 1 Definition and Classification of Ownership


§ 68. Definition of ownership

(1)
Ownership is full legal control by a person over a thing. An owner has the right to possess, use and dispose of a thing, and to demand the prevention of violation of these rights and elimination of the consequences of violation from all other persons.
(2)
The rights of an owner may only be restricted by law or the rights of other persons.
(3)
Ownership is created only in the cases provided by law.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)


§ 69. Object of ownership

(1)
Any thing the acquisition of which is not prohibited by law may be the object of ownership.
(2)
Movables are the object of movable property ownership.
(3)
Immovables which are entered or which pursuant to law may be entered in the land register are the object of immovable property ownership.


§ 70. Shared ownership

(1)
Shared ownership is ownership belonging to two or more persons concurrently.
(2)
Shared ownership is common ownership or joint ownership.
(3)
Common ownership is ownership in legal shares of a shared thing belonging to two or more persons concurrently.
(4)
Joint ownership is ownership in undefined shares of a shared thing belonging to two or more persons concurrently.
(5)
Shared ownership is common ownership unless otherwise provided by law.
(6)
Provisions concerning common ownership apply to joint ownership unless otherwise provided by the law providing for joint ownership.
(7)
If a right belongs to several persons (community), the provisions concerning joint ownership are applied thereto unless otherwise provided by law.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
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