Real rights consist of a power that a person has, whether legal or physical, over a thing and against third parties, which allows no one to use and enjoy the thing over which they have this legal power.
To better understand what real rights are, we can make a difference with personal rights and thus better understand what this legal power granted by real rights means.
Difference between real and personal rights
|REAL RIGHTS||PERSONAL RIGHTS|
|The owner of a real right has a power over one thing.||The holder of a personal right has the power to require another person to behave (give, do or not do).|
|It originates between a natural or legal person and a thing by title.||It originates between natural or legal persons through a contract that has as an obligation, to give, to do or not to do. One party will be the debtor and the other the creditor.|
|The object is based on one thing.||The object is a rendering (give, do or not do).|
|The taxpayer is indeterminate, since it can be asserted before anyone.||The taxpayer is determined, the fulfillment of the benefit can only be enforced to the debtor or his heirs.|
|It is an absolute right.||It is a relative right.|
|It can be enforced against third parties.||It can only be enforced between the parties to the contract.|
|The real right can be abandoned||Personal right can NOT be abandoned|
Characteristics of real rights
The essential notes of the real rights are:
- The real right over a thing gives absolute power to its owner, to do what he wants with the thing and defend his power against all "erga omnes".
- The thing on which the real right falls is corporeal, that is, it is a tangible thing.
- There is the possibility of abandonment of the real right.
- Unlimited duration.
Real law example
To understand it better, we see an example:
A real right is property and a personal right is a contract of sale.
The property right grants its holder unlimited powers over the thing, he can make use and enjoy it, sell it, encumber it or modify it. In addition, no third party can enjoy the thing (the property) without the authorization of the owner. You can also drop the thing.
The power of real law is not the possibility of demanding a behavior from a person, but the enforceability that no one interferes with their ownership of the house.
The sales contract creates two parties to the contract: buyer and seller.
The sales contract only grants an obligation and a right to each one. The seller has the right to claim the price of the thing and the obligation to deliver it and the buyer has the obligation to pay the price and the right to claim the delivery of the thing.
A third party outside of the two parties to this contract cannot be claimed to comply with the obligations generated by the contracting parties.
The power of personal law is the requirement of another person's behavior.
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