Glossary / Property Law

Numerus clausus of real rights

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.

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