Closest equivalent rights and adaptation

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1. What are the main rights in rem arising from successions in your system?

Real rights as ownership (right of ownership) and if the entitled person is legatee in restricted real rights: servitudes, real encumbrances, right of superficies, right of pre-emption and right of security.

2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?

Registrars have to make a decision either register a Certificate or not. According to Estonian law registrars may also ask advice from judges in case foreign law is applicable.

  • Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
    Judge will decide it

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