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§ 225. Definition of personal right of use
A personal right of use encumbers an immovable such that the person for whose benefit it is established is entitled to use the immovable in a particular manner or to exercise with respect to the immovable a particular right which in substance corresponds to a real servitude.
§ 226. Prohibition of transfer of personal right of use
- (1)
- A personal right of use is not transferable. The rights arising from a personal right of use may only be exercised by another person if this is permitted by the basis for the creation of the right of use.
- (2)
- A personal right of use is transferable if its object is a utility network or construction. An agreement between the former and new entitled person concerning the transfer of the personal right of use is required for the transfer of personal right of use (real right contract).
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 227. Personal right of use in residential building
- (1)
- A personal right of use in a residential building encumbers the immovable such that the person for whose benefit it is established has the right to use the residential building or a part thereof situated on the immovable for habitation.
- (2)
- A person who has the right specified in subsection (1) of this section may house in the residential building members of his or her family and persons who are needed for taking care of him or her.
- (3)
- If a right of use is granted to several persons jointly, the right of use continues as long as any of these persons is alive unless otherwise provided by the basis for the creation of the right of use.
- (4)
- If a right of use is granted in part of a residential building, the entitled person may also use the rooms, furnishings and fixtures designated for common use by the residents.
§ 228. Application of provisions concerning real servitude and usufruct
In addition to the provisions of sections 225-227, the corresponding provisions for a real servitude apply to a personal right of use. If a personal right of use is related to possession, the corresponding provisions concerning usufruct apply.
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