Numerus clausus of real rights
Principle that parties may create only the types of real rights recognised by law, preserving publicity and legal certainty in property law.
The numerus clausus of real rights means that private parties cannot invent new property rights with erga omnes effect at will. Swiss property law provides a closed catalogue of recognised real rights, including ownership, easements, usufruct and security rights. Parties may shape contractual obligations creatively, but a right that binds third parties as a real right must fit a legally recognised type and follow its formal requirements. The principle protects third parties, land-register reliability and market transparency. It is closely linked to publicity, specificity and mandatory property-law structures.