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Division 2 Parts of Thing


§ 14. Physical and legal shares

(1)
In commerce, a thing may be as a whole, a physical share or a legal share.
(2)
A physical share of a thing is delimited in real terms in relation to the other shares of the thing.
(3)
The legal share of a thing is not delimited in real terms and its size is expressed as a fraction.


§ 15. Essential part

(1)
An essential part of a thing is a component part which is permanently attached to the thing and which cannot be severed from the thing without the thing being destroyed or changed in character.
(2)
A thing and its essential parts are not the object of different rights and obligations unless otherwise provided by law.


§ 16. Essential parts of plot of land

(1)
The essential parts of a plot of land are things permanently attached to it such as constructions, forest, other vegetation and unharvested fruit, and the real rights relating to the plot of land which belong to the actual owner of an immovable.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(2)
A construction which is attached to the land for a temporary purpose is not an essential part of the plot of land.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(21)
A structure which is permanently attached to a plot of land of another for the purpose of the exercise of the real right encumbering the plot of land is not an essential part of the plot of land. A construction remaining on a plot of land upon extinguishment of a real right becomes an essential part of the plot of land.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(3)
(Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)


§ 17. Construction and essential parts thereof

(1)
The essential parts of a construction are the things from which it is constructed or which are permanently attached thereto and which cannot be severed without substantial damage to the construction or the thing being severed.
(2)
A thing attached to a construction for a temporary purpose is not an essential part of the construction.
(3)
Provisions concerning constructions are also valid with respect to constructions unless otherwise provided by law.
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