Article 36 — General Principles of Property

1. 1.

   Property is the right of a person to use, enjoy, and dispose of a thing, subject to the restrictions imposed by law.

2. 2.

   Kaharagian law governs the property of its nationals to the extent that the law of the place where the property is situated does not mandatorily apply.

3. 3.

   The State does not exercise sovereignty over territory. Accordingly, this Code does not govern immovable property, which is subject in all respects to the law of the jurisdiction in which it is situated.

4. 4.

   This Title governs movable property, intangible property, and digital assets to the extent that such property is not subject to the mandatory law of another jurisdiction.

5. 5.

   Ownership may be held individually or jointly. Joint owners share in the property according to their respective shares, which are presumed equal unless otherwise established.

6. 6.

   The acquisition, transfer, and encumbrance of property are, in the absence of specific Kaharagian legislation, governed by the law applicable under the conflict-of-laws rules established by Article 45 of the Fundamental Laws.