Real Rights Overview

A contract for transferring real estate ownership must be formally documented through a notarial deed.

Adding a note or comment to something, typically in a written document.

A symbol used in a document, typically to indicate a footnote or endnote.

When a contract fulfills a prior obligation to transfer real estate, the details of that original obligation must be included in the deed.

A symbol used in a document, typically to indicate a new topic or section.

If a co-owner of farmland sells their share, other co-owners have the right to buy it first if they actively farm the land.

Someone who possesses land for 20 years without the true owner's permission acquires ownership if they acted like an owner.

A symbol used in a document, typically to indicate a sub-topic or sub-section.

The process of adding multiple notes or comments to a document, usually in a hierarchical or organized fashion.

If the true owner of land is a minor, adverse possession cannot end until two years after they reach adulthood.

A notation that refers to a previous note or comment, often used in academic writing or legal documents.

Someone who possesses a movable object for three years without the true owner's permission acquires ownership if they acted like an owner.

Ownership of a movable object can be acquired after three years of possession, even if the possessor knew they weren't the true owner.

A complex document with multiple levels of notes, comments, and references.

A document with many notes, comments, and references, arranged in a hierarchical and logical manner.

To acquire ownership through adverse possession, the possessor must have acted like they were the rightful owner during the entire period.

Multiple individuals share ownership of a single object, with each having a joint right to it.

Co-ownership where each owner's share is clearly defined and may be expressed as a fraction of the whole.

Co-ownership where the shares are not specifically defined, often arising from a legal relationship like marriage.

Each co-owner is presumed to have an equal share in the co-owned property unless otherwise stated.

The majority of co-owners is determined by the sum of their shares, not just the number of owners.

Each co-owner receives profits and bears expenses proportional to their share of the co-owned property.

Each co-owner has the right to possess and use the co-owned property, but only to an extent that does not hinder other co-owners' rights.

Any co-owner can sell their individual share without needing the consent of other co-owners.

The ability to independently perform legal acts and create legal effects.

Being able to do anything legally, with no restrictions. Adults with no special needs or conditions usually have full capacity.

Limited ability to legally act, usually applies to minors or people with mental impairments. They might need assistance for certain decisions.

When someone no longer has any legal rights or obligations. This happens when a person dies.

A legal entity that is not a natural person, but has rights and obligations like an individual. Examples include companies or organizations.

The process of legally creating a legal person, like when a company is formed.

The ability to hold rights or interests, even if the person cannot exercise those independently. This applies to those with limited or no legal capacity.

When the legal system recognizes that someone has disappeared and is likely dead.

A pledge that prevents a borrower from selling or encumbering a pledged asset before the pledge expires is invalid.

If the claim secured by a pledge is sold, the pledge itself goes with it. If the claim is sold without the pledge, the pledge is extinguished.

A pledge secures not only the main debt but also interest payments owed for the past three years, court costs up to 1/10th of the value, and other expenses related to the debt.

A pledge remains valid even if the debt's statute of limitations expires. However, this does not apply to claims for interest or other additional expenses.

A pledge is similar to a mortgage, securing a monetary debt, but involves movable assets instead of real estate.

Mortgages are recorded in a public register called the mortgage book to ensure transparency and protect potential buyers.

The scope of security provided by a mortgage covers the main debt, associated court costs, interest, and other expenses related to it.

A borrower cannot be prohibited from selling a mortgaged property before the debt is fully paid. This is different from a pledge, where such a restriction might be invalid.

A right granted to an entrepreneur to use another's property for the purpose of constructing or operating specific facilities, such as power lines or pipelines, within a defined area. This right allows the entrepreneur to access and utilize the servient estate for the designated purpose.

A movable asset that is used as collateral for a loan or debt. The creditor can seize and sell the pledged item to recover their debt even if others claim ownership of it. This provides the creditor priority over personal creditors of the original owner.

A pledge can be established to secure a claim that hasn't happened yet, like a future payment on a contract, or a claim that only happens if a certain condition is met.

The pledge gives the lender the right to claim the pledged movable asset, even if the original owner sells it to someone else. The lender's claim takes precedence over any other claims on the asset except for special priority claims from the law.

A pledge can be used to ensure repayment of a debt, even if the original owner sells the pledged asset. The loan is not impacted by the change in ownership.

A pledge can be arranged for a future claim, such as a future installment payment or a claim triggered by specific conditions. This lets creditors secure their position even before the debt is fully owed.

The right to claim and use the property is limited to the specific purpose of the facilities and the designated scope. The entrepreneur cannot use the property for anything else.

Both the owner of the land and the entrepreneur can demand that this agreement be formally established to clearly define the terms and conditions.