David Elischer

Reservatum Rusticum as a Standardized Provision Contract in the New Civil Code

Jurisprudence 5/2014 Section: Articles Page: 19-25

Keywords: reservatum rusticum, provision contract, real burden, servitude

Abstract: Recodification of private law, namely the Civil Code of 2012 has brought - in its obligation part - among other changes a new construct of provision contracts, including the reservatum rusticum (pension in kind) as a standardized contract. The author wonders how it is necessary to inspect such notion, must necessarily its establishment be related to the transfer of ownership of the property? What can be the subject or the content of the reservatum rusticum in modern times, can we consider the reservatum rusticum explicitly grounded in the codification of the 21st century for necessary and practical? Under what conditions can be once stipulated the reservatum rusticum changed, how shall one proceed in the event of destruction of buildings designed for the reservatum rusticum (rent-change)? These and other questions related to the form and content of the reservatum rusticum contract are hereby treated theoretically but also in a practical way.