Security easement and securing easement

The work addresses the case law of the Federal Court of Justice regarding competition-restricting servitudes. After a comprehensive presentation of this case law, the results are summarized and further analyzed. The outcome is a coherent systematics of the various types of servitudes. On one hand, an attempt is made to clarify the term "security servitude," while on the other hand, the term "securing servitude" is proposed for differentiation. Ultimately, the issue of the "perpetuation" of contractual obligations through servitudes is examined. It is shown that this constitutes a competition law problem.