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§ 1. Purpose of Act
The Law of Property Act provides for real rights, their content, creation and extinguishment and is the basis for other laws regulating real rights.
§ 2. Validity of Act
The Law of Property Act has no retroactive effect unless otherwise provided by the implementation Act.
§ 3. Application of Act
A thing is governed by the law of the country where the thing is situated unless otherwise provided by law.
(11.03.98 entered into force 01.07.98 - RT I 1998, 30, 409)
§ 4. Application of international treaty
If an international treaty of the Republic of Estonia contains provisions which differ from this Act, the provisions of the international treaty apply.
§ 5. Real rights
- (1)
- Real rights are ownership (right of ownership) and restricted real rights: servitudes, real encumbrances, right of superficies, right of pre-emption and right of security.
- (2)
- The law may provide for other real rights in addition to those specified in subsection (1) of this section.
§ 6. Owner
- (1)
- An owner may be a natural person or a legal person in private law (persons in private law), or the state, a local government or a legal person in public law (persons in public law).
(15.02.95 entered into force 18.03.95 - RT I 1995, 26-28, 355)
- (2)
- All owners have equal rights unless otherwise provided by law. The property of a legal person or a legal person shall not belong to other persons.
(15.02.95 entered into force 18.03.95 - RT I 1995, 26-28, 355)
- (3)
- The acquisition of property by legal persons, foreign states, their citizens, international organisations and stateless persons may be restricted by law in the public interest.
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