The right of way for blocked real estate under the Civil Code of the French Republic

Abstract

The ownership of property in general and real estate in particular is considered a natural right in France. This right is governed by the Civil Code and protected by the Constitution, which creates a legal foundation for the owners to exercise their usufruct and disposition rights in an absolute and free-to-use manner. However, in practise, the right to possess real estate in France is still subject to some constraints imposed by law such as easement rights, which are also referred to as the right to adjoining real estate in Vietnam. The right of way for blocked real estate is crucial to easement rights granted by law and has a significant impact on how property owners are able to exercise their rights. In this article, the authors study the loegal foundation and the implementation of laws relating to the right of way for blocked real estate under the Civil Code of the French Republic and compares those provisions with corresponding provisions in Vietnam.