Asjaõiguseks

Asjaõiguseks is the predicative form of the Estonian term asjaõigus, which refers to real rights in law. Real rights are rights that attach directly to a thing (usually a person’s property) and grant the holder power to use, enjoy, or dispose of that thing, independently of the consent of another person. They differ from personal claims, which arise from contracts or duties between specific individuals.

The main forms of real rights include ownership (omand), which gives comprehensive control over a thing, and other real rights such as usage rights or usufruct (kasutusõigus), servitudes (servituudid) that grant limited use of another’s property, and pledges or mortgages (pant) that secure obligations. Real rights may also cover rights to improve or limit a property’s use in prescribed ways. In many jurisdictions, including Estonia, real rights over land and significant property are typically registered in a public land or real estate register, providing notice to third parties and facilitating enforcement.

Creation and transfer of asjaõigused can occur through contracts, statutes, or judicial acts, and they are generally transferable together with the property to which they attach, unless the law or agreement limits transfer. Extinguishment occurs by performance, withdrawal, or legal decree, and some real rights may be limited or terminated by changes in the law or by agreement of the parties involved.

In Estonia, asjaõiguste framework is governed by the Võlaõiguseseadus (Law of Obligations) and other property and real estate regulations, with the kinnistusraamat (land register) playing a central role in recording and protecting these rights.