Hey! Anyone that could provide me with an explanation to the difference between §1030 and §1090 of the BGB? Seem pretty similar to me, except for the fact that the first one refers to an object (which can be movable / immovable) and the second one is specific for pieces of land.. Thanks in advance!
So the way I understood it, §1030 is the right to usufruct, which means the right to use and to take fruits of the object and is thus different and more extensive than §1090, which is a real servitude that allows a person to burden the servient land (that belongs to someone else), and that land has the duty to tolerate this burden (for example the right walk over the servient land). § 1090 is very similar to §1018 though, the main difference is § 1018 is between twopieces of land, and not a person and a piece of land. Hope that helps.