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Property rights

The Law Firm represents client interests in property rights matters.

The term “property rights” is used in law, to describe legal relations, which allow a person to dispose of a property. Property rights refer to civil rights sphere. Civil rights mostly govern property relations among natural persons. The Civil Law is a general instrument for regulation of property rights in Latvia (Sections 841 to 1400 of the Civil Law).

The notion of “property” in civil rights is used to denote any financial value. “Property” in terms of civil rights shall not necessarily be tangible property. In the understanding of civil rights the notion means not only various kinds of material objects (tangible property) in the conventional sense (for example, cars, furniture, mobile phones); the mentioned notion also implies intangible property. In the understanding of the Civil Law, intangible property consists of various personal rights, obligations rights and property rights – for example, copyright.

Unlike obligations law, property rights are considered as absolute. It means that the property rights of a person to act with the property according to the amount of rights to a thing are opposed to the obligation of any other person to respect such rights. A person, whose property rights are infringed by another person, is entitled to raise the so-called “negatory action” – to demand termination of infringement of his/her rights.

The understanding of property rights in modern law has arisen from the works of lawyers of the ancient Roman Empire; in the main it has remained unaltered to nowadays.