a p p e n d i x
The importance of the various time-limited interests in land in individual jurisdictions
Reporters in individual jurisdictions were asked to indicate contexts such as family, inheritance, real estate, corporate, commercial business etc. and to rate the importance for legal practice and use in society, with 10 as very frequently used and 0 as virtually non-existent.
Belgium
Reporter: Alain-Laurent Verbeke (Feb. 2011)
Time-limited interest |
Context |
Importance Comments |
|
|
|
Residential lease |
|
10 |
Agricultural lease |
|
10 |
Loan for use |
Family real |
4 |
|
estate |
|
Precarium |
Business |
2 |
Usufruct |
Family |
10 |
Use and habitation |
Family |
4 |
Hereditary land lease (emphyteusis) |
Real estate |
10 |
Hereditary building lease |
Real estate |
10 |
(superÞcies) |
|
|
|
|
|
|
|
|
498
a p p e n d i x 499
Denmark
Reporter: Hans Henrik Edlund (Jan. 2011)
Time-limited interest |
Context |
Importance Comments |
|
|
|
Residential lease |
Commercial business |
10 |
Agricultural lease |
Commercial business |
4 |
Loan for use |
Family and commercial |
2 |
|
business |
|
Precarium |
Family and real estate |
1 |
Usufruct |
Family and real estate |
1 |
Use and habitation |
|
0 |
Hereditary land lease |
|
0 |
(emphyteusis) |
|
|
Hereditary building lease |
Commercial business |
4 |
(superÞcies) |
|
|
|
|
|
|
|
|
England
Reporter: Oliver Radley-Gardner (Feb. 2011)
Time-limited |
|
|
|
interest |
Context |
Importance |
Comments |
|
|
|
|
Residential lease |
Family |
10 |
|
Agricultural |
Business |
10 |
|
lease |
and |
|
|
|
family |
|
|
Loan for use |
Business |
3 |
This might occur, but in reality |
|
|
|
would be a lease or a mortgage. |
Precarium |
|
0 |
Not really known to English law, |
|
|
|
might be a ‘licence’. |
Usufruct |
Business |
5 |
Really, English law knows only |
|
and also |
|
profits a` prendre, which are not |
|
private |
|
time limited. |
Use and |
|
0 |
|
habitation |
|
|
|
Hereditary land |
All |
10 |
This is probably as close as one gets |
lease |
contexts |
|
to the concept of the English |
(emphyteusis) |
|
|
lease. |
Hereditary |
All |
10 |
Would again be akin functionally |
building lease |
contexts |
|
to the English lease. |
(superÞcies) |
|
|
|
|
|
|
|
|
|
|
|
500 a p p e n d i x
Germany
Reporter: Michael von Hinden (Feb. 2011)
Time-limited interest |
Context |
Importance |
Comments |
|
|
|
|
Residential lease |
Urban |
10 |
|
Agricultural lease |
Agriculture |
5 |
|
Loan for use |
Family |
5 |
Pretty rare with regard to |
|
|
|
immovables |
Precarium |
|
0 |
|
Usufruct |
Family, tax, |
7 |
|
|
corporate |
|
|
Use and habitation |
Family |
7 |
|
Hereditary land lease |
Various |
6 |
Hereditary building right |
(emphyteusis) |
|
|
(erbbaurecht) |
Hereditary building |
Various |
6 |
Hereditary building right |
lease (superÞcies) |
|
|
(erbbaurecht) |
|
|
|
|
|
|
|
|
Greece
Reporter: Eugenia Dacoronia (Jan. 2011)
Time-limited interest |
Context |
Importance |
Comments |
|
|
|
|
Residential lease |
Real |
10 |
There are no official statistic |
|
estate |
|
data on any of the |
|
|
|
categories. Rate of |
|
|
|
importance based on |
|
|
|
personal estimate. |
Agricultural lease |
|
6 |
|
Loan for use |
|
5 |
|
Precarium |
|
|
|
Usufruct |
Family |
8 |
|
Use and habitation |
Family |
6 |
|
Hereditary land lease |
|
|
|
(emphyteusis) |
|
|
|
Hereditary building lease (superÞcies)
a p p e n d i x 501
Hungary
Reporter: Csongor Istva«n Nagy (Feb. 2011)
Time-limited |
|
|
|
interest |
Context |
Importance |
Comments |
|
|
|
|
Residential |
Commercial, |
6 |
In Hungary, residential lease is |
lease |
business |
|
less widespread as opposed to |
|
|
|
residential ownership. |
Agricultural |
Commercial, |
8 |
Very common, owing to |
lease |
business |
|
restrictions on ownership. |
Loan for use |
Family |
4 |
|
Precarium |
|
0 |
Virtually non-existent. |
Usufruct |
Inheritance, |
10 |
Very rarely commercial. |
|
family |
|
|
Use and |
Inheritance, |
3 |
|
habitation |
family |
|
|
Hereditary land |
Infrastructural |
1 |
Exceptional. |
lease |
leases |
|
|
(emphyteusis) |
(airports) |
|
|
Hereditary |
Family, |
3 |
Rarely corporate; standard for |
building |
inheritance |
|
gas stations. |
lease |
|
|
|
(superÞcies) |
|
|
|
|
|
|
|
|
|
|
|
Italy
Reporter: Raffaele Caterina (Jan. 2011)
Time-limited |
|
|
|
interest |
Context |
Importance |
Comments |
|
|
|
|
Residential |
Urban |
8 |
In 2008, 18.9 per cent of Italian |
lease |
|
|
families resided in leased |
|
|
|
premises, particularly in |
|
|
|
apartments leased from local |
|
|
|
authorities. |
Agricultural |
Agricultural |
7 |
|
lease |
|
|
|
Loan for use |
Various |
6 |
In 2008, 12.6 per cent of Italian |
|
|
|
families resided in houses or |
apartments by virtue of a usufruct or a gratuitous loan