eignarrétti

Eignarrétti is a term used in Icelandic legal language to denote the bundle of rights that constitute ownership of property. It describes the legal relationship between a person and property, permitting the owner to use, enjoy, and dispose of the property, subject to applicable laws and the rights of others.

Scope and components: The concept covers both tangible property (such as land and goods) and intangible property (including intellectual property). The core elements typically include the rights to possess, use, exclude others, transfer, lend, or bequeath the property, and to encumber it with security interests where permitted.

Limitations and public law: Ownership is not absolute; it is limited by public law (for example, zoning, environmental regulations, or expropriation) as well as private law (such as covenants, liens, or easements). These constraints balance the owner's interests with those of the community and other individuals.

Relation to other concepts: Eignarrétti is distinct from mere possession or tenancy; possession refers to actual control, while ownership is a recognized, enforceable title. In some legal traditions, elements of the ownership bundle can be separated (for example, usufruct or other rights of use and security interests) while remaining tied to the underlying ownership.

Cross-jurisdictional note: While the term belongs to Icelandic terminology, similar concepts exist worldwide under property law, real property law, or intellectual property law, with variations in scope and procedures depending on the jurisdiction.