Real and Personal Rights

Real and Personal Rights

• Rights are part of the active element.
• The rights are the goods that perceived and individualized virtue of abstractions of mind.
• Rights are classified into Real and Personal.

Real Right

• A real right is defined as the legal power that a person exercises over an asset, directly and immediately, to take advantage of it totally or partially.
• Said legal power is enforceable against others, by virtue of a relationship that is established between its owner or active subject and "other" individuals such as indeterminate passive subjects, who will be determined when the right is violated.

Characteristics of Real Rights

• The object of real right is the legal power over the thing.
• The passive subject in the relationship is indeterminate.
• The obligation in this type of right is always not doing, with universal and indeterminate character, so this obligation is negative.
• The real right is absolute, by virtue of the fact that it can be opposed to everyone, since it gives rise to a persecuting action on the thing, in order to recover it from the person who holds it without the consent of its owner.
• Real rights are limited in number.

Personal Right

• Personal right is the power that a person has, as a creditor subject, to demand from another, as a debtor subject, the fulfillment of an obligation that it has contracted with it.
• Obligation will be positive when it is to give or do, or negative when it consists of an abstinence and presents the following characteristics:

Characteristics of Personal Rights

• Both the creditor and the debtor are absolutely individualized subjects and therefore certainly known.
• The object in this type of relationship may consist of giving something, doing something or not doing.
• Due to the objects indicated, the personal rights are multiple existing, consequently, great variety of them.
• The personal right only gives the possibility of demanding compliance with the obligation contracted by the debtor to the creditor.

Examples

• When a bill of exchange is signed and accepted, by virtue obligating to pay a certain sum of money.
• When the due date of the title arrives, the creditor has the right to demand from us the fulfillment of our obligation.
• There are three aspects to signing and accepting bill of exchange: creditor subject (beneficiary of the title), debtor subject (the accepters of the same) and an object (which is the obligation to pay the protected sum).
• Buying a car, immediately turning into the owner .
• Others have the obligation to respect that right that I have acquired, understanding that if the property is taken away, has the right to persecute the thing, to rescue it.

Classification of real rights:

• Main or enjoyment: Property, Usufruct, Use, Habitation, Servitude
• Secondary or guarantee: Mortgage, Pledge

Secondary Real Rights

• Secondary real rights always depend on a personal right and its legal function: solely to guarantee the fulfillment of the contracted obligation.

Property

• It is the real right par excellence, and due to its amplitude it is considered as the typical real right.
• The right of property is born by virtue of the legitimate and fair aspiration of man to have something that belongs to him to the exclusion of others.
• Roman law defined it as the "right to use, enjoy and abuse a thing".

Characteristics of Property

• Absolute, because the owner could exercise it without any obstacle that would prevent the use, enjoyment and very broad abuse that were recognized.
• Exclusive, because the domain, being a total legal power, does not allow being exercised by two or more people simultaneously.
• Perpetual, in attention to the fact that this right, once born, does not disappear, because, even when it perishes or its owner changes, the right subsists consolidated in another person to whom it is transmitted by any title.

The Use

• The use can be defined as the temporary real right to use the property of others, to the extent that they are sufficient to satisfy the needs of the user and his family, without altering the form or substance of the property and of a non-transferable nature.

Right of Habitation

• It is the real right by virtue of which a person is given the power to use a certain number of rooms in a house as a dwelling, in the company of his family.
• This right is always free, unlike usufruct and use, which can be constituted for consideration; under no circumstances is this right transferable.

Definition of obligation

• The work "institutes" raises a definition of the one that has served ancient and modern jurists to propose a similar concept.
• "The obligation is a legal bond, by virtue of which a person is forced towards another to pay what he owes according to the laws of the city."

Classic Version Advantages

• Indicates, from the outset, the need for two people: one who demands, "creditor", and another who must pay, "debtor”.
• Both subjects are linked by a legal bond, creator between them of a legal relationship.
• The use of the verb coerce, in participle, shows the coercive force of this relationship, that is, signals the inescapable circumstance of paying -fulfilling the obligation-
• The debtor paying according to the laws of the city indicates that these are laws that come to the aid of the creditor, with all its strength, in order to achieve compliance with the obligation if it is not voluntarily verified by the debtor.
• According to the previous ideas It is possible to say that the relationship, considered from the point of view passive takes the name of "debt" and from the point of view active is called "credit"; however, the word obligation is generally taken, in the strict sense, as a synonym for debt.

Possession

• Possession is a fact, always a physical power that is exercised over the thing.
• Is defined as the power in fact that is exercised over a thing or the enjoyment of a right, when this falls on intangibles.

Integrated by two great elements:

• Material: it is the real, objective possession of the thing and to which it is called corpus.
• Animus: it is related to the will and that is the intention to have the thing, to possess it.
• The civil code, in the matter of possession, joins the modern current and grants primacy to the corpus over the animus.

Two Types of Possession

• The original, also called "legal" that is the one that is had in the concept of owner and is acquired by the property or by sufficient title to possess and reach acquiring the domain.
• Derived to which is equally called "precarious", that is that which is had by virtue of an act of who possesses originally and that, as a consequence of it, the transmits; this second type does not acquire the property

Obligations

• It is a legal bond, by virtue of which a person is forced towards another to pay what he owes according to the laws of the city.

Object of obligations

• The object of the obligations is called that which can be required of the debtor, by the creditor, consists of something positive and then it is called provision, it can also be something negative and in that case, it will be called abstention.
• Of the obligations that have by object benefits are made a subdivision: give and do.
• There are three possible objects for the obligations: give, do and not do.

General classification of obligations

• Civil: is that which, being understood in the definition of obligations has given, presents as an essential characteristic the circumstance of that, originating relations endowed with obligatory and constrictive force, regarding the conduct of the subjects involved in the legal relationship, gives rise to a coercive execution in case of breach of the debtor, in order to force the debtor to pay what he owes.
• Natural: is that which compels a person, towards another, to give, do or not do something, without the creditor being able to, in the event of default, force the debtor to pay. Therefore, characteristic of this type of obligation is the absence of sanction.
• The obligation is to give is that in which the debtor is forced to transmit the ownership of a thing or to constitute a real right, or also as indicated in article 2011 of the civil code, to the temporary alienation of the use or enjoyment of certain thing, restitution of someone else's thing or payment of sum of money.
• An example is the sale of a car.
• The obligation to do consists in the that the debtor is obliged to the realization of a material fact or the provision of a service.
• An example of this obligation is have the sculptor who must make a statue
• The obligation is not to do when the debtor must refrain from performing a material act determined; in this class of obligations the passive subject in them it frees itself from the imposed burden by limiting the exercise of his freedom to act
• Pure obligation is the one that produces effects from then on, by virtue that these are not subject to any limitation
• Obligation subject to modality is called by some authors "conditional", this obligation consists in that the effects of them are limited or subject to condition or term, which means that such effects occur in order to the uncertain or certain event that has been indicated, respectively, as condition or term.
• Simple obligations are those obligations in which only one active or creditor subject and a passive or debtor subject, having as matter, the relationship, a single object.
• Complex obligation is when in it there is plurality of creditors or debtors or have several objects, depending on these circumstances, the obligation complex due to plurality of subjects is classified as joint and several and when it is due to the existence of several objects of it, it is classified in conjunctive alternative and facultative
• Joint is the obligation when, having several debtors, each one of them responds only for the proportional part that corresponds to him in the debt, or well, when being several creditors, each one of them can only demand the part that proportionally represents in credit.

Essential elements of contracts

• Subjects: They must have legal personality and the rights sufficient to celebrate the contracts, age, capacities etc.
• Consent: The consent must be expressed in a way free voluntary by the contracting parties without coercion, fraud, bad faith, etc.
• Object: The object is the thing or fact on which the committed obligation, it is the owed benefit
• Form: It is the way in which the parties express their will to celebrate the contract this can be tacit and strict.

Purchase Agreement

• the purchase agreement is defined as the contract by virtue of which a person called seller, transmits the ownership of a thing or of a right to another, called buyer, who is obliged to pay a certain price in money.

Main obligations of the seller

• Transmit ownership of the thing or right
• Delivery of the thing sold is given in three ways:
  • Real: when it is done materially, putting in effective possession of the thing to the buyer.
  • Legal: it is that form in which the thing is not delivered materially to the buyer, but that however the law considers her received by this.
  • Virtual: consists in that the buyer accept that the thing sold stay to his disposition and in deposit of the seller.
• Guaranteed peacefull possession of the thing
• Bound the seller to respond to the disturbances that because previous acts to the sale will suffer the buyer
• Respond to the buyer of the eviction and warranty sanitation of the thing.

Obligations of the buyer

• Satisfy agree Price and receive the thing bought
• The barter is defined as the contract under virtue of which each one of the counterparties, calls permutantes, force reciprocally to give one thing by another;
• Note that the legal term "give" this employee in the legal sense of transmit the ownership, from where we can say that the barter is the contract by means of which a person transmits to another the domain of a thing, by another that receive to change.
• The legal regime of the barter follows in everything to the of buying and selling, repuntandose seller each permutante, according to civil code art 2331 arranges that all the rules of the buying and selling are applicable to the contract of barter excepting the pay a price.
• The donation. is defined as the contract under virtue of which a person calls gave transfers freely a part or all of his goods presents, to another called donee.
• only can do donation of goods presents, because the donation of goods futures prohibits it the law owing to do notice that if well one person can do donation of all his goods, must reserve itself necessary for subsist and cover besides the pension alimenticias to who bond legal has 4 types different of donation:
• Pure when his effects do not limit by modality some
• Conditional the donation whose effects limit to Consequence of stipular a condition or a term.
• The donation is onerous when impose to the donee.
• Remuneratoria that that is Makes In Attention To services received by the given and what this do not have obligation to pay

The mutual

• Defined defined themutualas the contractin virtueof whichexistsperson called lender obligedatransferthe propertyof asumpool of money or otherfungible things toother, calledborrower, whois obligedat devolveranother so muchof the samekindof quality

Theobligations of the lender

• Transmit the property
• Delivering to the borrower the subject thing of the contract
• Guarantee the eviction and the quality of the thing answering so of the hidden vices in her
• Covering the tax on the rent, when in the contract has agreed the payment of interests

The obligations of the borrower:

• Redeeming goods of the same kind, quality and amount of which have received in mutual.
• Redeem the goods in the time, place and shape agreed for each one of these Circumstances, the law establishes determined rules that they norm the refund in relation with her.
• Guaranteeing the eviction and the quality of the goods that has redeemed.

The Rent

• Locatedclassifiedas contractbilateral, onerous, commemorative,live, usually formal, consensualand long term

Isdefinedthis contractas thosein virtueofwhichaperson, called lessorconcedesanother called tenant, usortasktemporarily of achange, throughthe paymentofarriving price

obligations of the lessor

• Concede to the tenant the use or the task temporarily of change
• Delivering the thing leased in the weather agreed
• Verify the adjusting of the change, executing all the necessary tasks in order that the same can give the tenant the use convened
• Guarantee the enjoying peacefull of the change leased, against legal acts of third

garantizar la posesión útil de la cosa Indemnizar al arrendatario de los daños y perjuicios que se le causen En términos generales, obligaciones de no hacer en virtud de las cuales se impide al arrendador alterar la forma o sustancia de la cosa arrendada o estorbar el uso de ella al arrendatario Las principales obligaciones del arrendatario son: Satisfacer la renta en forma y tiempo convenidos Responder de los daños y perjuicios que se le causen a la cosa Servirse de la cosa para el uso que fue convenido Responder del incendio si este no es debido a caso fortuito, fuerza mayor Ο vicios de construcción No modificar ni alterar la forma o sustancia de la cosa, salvo con consentimiento del arrendador Finalmente realizar en la cosa todas las reparaciones de poca cuantía que sean necesarias para segura el uso de la misma. The loan The loan is the contract, in virtue of which one person, called lender, is obliged to concede freely the use of a thing not perishable, to other person called borrower, that is obliged to redeem it individually.

The essence of this contract the being is always free and have as object the transmission of the use of a good infusible

• Obligations of the lender:
• Conceder el uso gratuito de la cosa comodada
• Entregar dicha Cosa, garantizando al comodatario el uso pacifico de ella Responder al comodatario de los perjuicios que se le causen por defectos de la cosa Reembolsar al mismo comodatario los gastos urgentes que hubiere hecho para conservar la cosa
• The obligations of the borrower Conservar la cosa con la máxima diligencia, cuidando de ella como propia Servirse de la cosa para el uso que fue convenido, sin alterar su forma ni sustancia. Responder de los deterioros o perdida de la cosa si esta se ha usado por mayor tiempo al convenido, aun cuando se sufrieren aquellos pro caso fortuito o de fuerza mayor The society is characterised by making up a legal personality born o of a contract. With an autonomous inheritance.Mercedala reunion of 2 or more people. Which must also be of permanent character.Distinguingue does Asu vez, in which I finish them Whosepersiguefor los sociosesde carácter Económico, although without makingupeconomiclspeculation.

We can define the association as the juristic entity private that is constituy Due. By virtuded of aco that celebrated that celebran Severally persons, calls socio, for the realisation of afinality comm illicit lícitoand preponderantly economic.Although ThroughIthe combining ofsusresources and efforts. Always and whendo not realizelisingupeconomiclism.Commercial.

Este contrato, juntamente con el de sociedad y aparcería, integra el grupo de aquellos que tienen por objeto la realización de un fin común. La asociación se caracteriza por: I. Ser una persona jurídica. II. Nacer de un contrato. III. Construir una reunión permanente de dos o mas personas. IV. Realizar un fi