Real rights are absolute rights over an asset, they grant immediate and direct power over the asset that can be asserted against any other than the owner of the right. It allows its owner to dispose of the right without more limitations than those established by law.
Forms of acquisition of real rights
- Original: The right of the owner of the real right is not based on any previous one, it arises as a new right.
- Derivative: Its acquisition is based on the previous owner of the right, which passes from one owner to another through a legal transaction.
Characteristics of real rights
The characteristic that best defines the right in rem is the power that allows its owner to use the property in a specific way.
We can also oppose him erga homnes so that he can carry out all those actions that are useful or necessary against any third party immediately. We have a power over the property that allows us to use it with the only limit of what is included in the law.
The power that the real right confers on the thing is absolute with respect to the content of the real right.
Ownership of real rights may correspond to both individuals and legal entities, except for those that, due to their own function, can only be attributed to individuals.
The object of real rights can be all assets subject to appropriation and those that are traded.
Examples of real rights
The right of property
The property right is the most complete of real rights. It is the right to enjoy and dispose of the thing. The property right falls on all the uses, services and utilities of the thing, except for the exceptions established by law or those derived from real rights existing in favor of third parties. The right of the owner is not identified with one or more specific faculties but with the total ownership of the thing, the property potentially covers all the utilities that the owner can obtain from the thing.
It is the real right on another's thing that grants its owner the broadest powers of enjoyment and enjoyment of it without altering its form. Any appropriable thing that can be traded can be the object of usufruct. It may be susceptible to exploitation and the most common is that it was fruitful. The usufruct can fall on the whole thing or on a part of it and even extends to the rights that the thing in usufruct has in its favor, to all the benefits inherent to the thing in usufruct. It is possible for several people to be co-owners of the same usufruct right.
The usufruct ends when it has been agreed in the legal business from which it was born, with the death of the natural person in whose favor it was constituted and at 30 years when the usufructuary is a legal person.
According to article 530 of the Civil Code, easements consist of a lien imposed on a property for the benefit of another property of a different owner. That is to say, they are real rights in property belonging to another that allows the owner to use other people's property in a certain way. Easements are above all a lien for the owner of the property that suffers it, they are a limitation on his property. In this way we can distinguish a dominant estate (which benefits from the easement) and a servant (which suffers from it), the easement binds them permanently in this relationship in such a way that it becomes one more characteristic of the estates, not of the owners. .