In the field of law, property is the direct and immediate power that a person has over a certain object or over a good , which is why the owner is attributed the ability to dispose of the good or object, without any kind of limitation rather than those that are imposed by law .
The property right is the real right over a bodily thing to be able to enjoy and dispose of it arbitrarily , it is the direct and immediate power that one has over a certain object or asset .
- What does it consist of
- Property rights features
- Object of the property right
- Property rights by country
- Importance of property rights
What does it consist of
The property right consists of the direct and immediate power that a certain person has over an object or a good , which is why there is the ability to dispose of it without having any type of limitation other than those that are imposed by the law . It is the exercise of all legal powers that are applied to the legal order over a specific asset. It covers all the types of material goods that can become appropriate , that are usefuland that they can at the same time be busy .
Property rights features
The main characteristics that we can observe in property law are the following:
- Property in property law is considered a real right.
- For this type of right, property is the most important and fundamental part of Real Rights , since all other rights are based on it.
- Property is considered an autonomous right because it is enforceable and people are obliged to respect the domain by the owner.
- The property right is considered a perpetual right because the property does not end and it is not limited in time .
- It is an exclusive right because a specific property only grants the owner the power to use, enjoy and dispose of an asset without taking into account others.
- It is a right that cannot be violated or violated .
- It is guaranteed within the Constitution when it says that; the right to property is inviolable , the state guarantees it, it is exercised in harmony with the common good and within the limits of the law.
- It is also considered an elastic right .
- For the property right the good is pure and is free from any charge or encumbrance , without disturbing its fundamental unity .
- It is considered as an autonomous right because it does not depend on any other right, it is main and independent .
Property law has two elements:
- Subjective element : this type of element is represented by the active subject or the owner of the property.
- Objective element : it is the one that tells us the things that can become the object of property law and on which the real property rights can be exercised.
There are several types of property law that can be classified as follows:
- Public , if it concerns the community in general .
- Private , when it is assigned to a certain person or group and the powers of law are exercised without taking other people into account.
- Individual , which is exercised by a single individual.
- Private collective , when it is exercised by several people.
- Public collective , when the property corresponds to the community and is exercised by a public body.
- Personal property , if it can be carried from one place to another.
- Real property , which is known as real estate or farms that cannot be moved from one place to another
- Corporal property , which can be seen by the senses.
- Intangible property , formed by pure rights, such as a credit, an easement.
- Property of goods intended for the consumer
- Ownership of producer goods
Object of the property right
The object of property rights is all those assets that are susceptible to appropriation . In order for this object to be fulfilled, in general , three conditions are required: that the good be useful , since if it were not, the appropriation would have no purpose; that the good exists in limited quantity , and that it is capable of occupation , because otherwise it will not be possible to act.
The limitations that are given in the right of property are based on the scope of power that an owner can have depending on the legal provisions that regulate it. There are some limitations when we refer to property rights, among them we can mention the following:
- It is forbidden to bury corpses in urban farms .
- Forced passages cannot be made for the benefit of the community if there is impassability on a public road, towards places such as rivers and navigable canals.
- The farms that are adjacent to navigable rivers must support the use of their banks to achieve navigation maneuvers .
- The condemnation that comes from the idea that says that private property is set for the service of the community and can only be used for reasons of utility public and by a compensation .
- No person may build buildings or plant near squares , forts or public buildings . It cannot be built near an alien wall outside the distance that has been prescribed by the regulations. You cannot have windows or balconies on a neighbor’s property.
- The property law prohibits the acts of emulation, which are the acts performed by an owner on the things that belong to him in the exercise of the rights that correspond to him with the purpose of harming another person or causing him inconvenience .
The origin of property rights was born in Rome , where the basic idea of the concept of property was created . First in the archaic period where the family had ownership of the land, it was a collective property, private but not public, then, with the appearance of the classical period where the only people who could exercise rights were Roman citizens.
Although the exact date on which this type of law began is not known, it is believed that it dates from the times of prehistoric hunters . The family shelters at that time represent the first legal form of appropriation of land , for that reason it is considered that its history began here , when individuals claimed what belonged to each person. In Egypt and Mesopotamia people had freedom in their homes and gardens and the villages of Greece were full of farmers who dominated the lands. In romeThere was also personal property, parallel to collective property .
The most current and modern term arises with Lepage , during the thirteenth and fourteenth centuries when a bull was created by Pope Nicholas III that said that the Franciscan communities enjoyed the goods, but that the Holy See still had the property.
Property rights by country
In Mexico it is defined as the right that the person has to use , enjoy , enjoy and use their property according to what the law says . The property right is protected by the State , which is why no person can be deprived or harassed unless a trial complies with the essential formalities of the procedure.
In article 58 of this country the right to property is contemplated and it is guaranteed as well as the rights acquired over it. Property is considered a social function that also implies a series of obligations. The expropriation can be given through a court ruling and prior compensation for reasons of public utility.
In this country, the main characteristics of property rights are concentrated in absoluteness because it is considered as an absolute right that gives unlimited power over a certain thing, it has exclusivity because it gives the owner the power to use the good or the object with exclusivity and also has perpetuity since it has no limitations in the time that the asset lasts in the hands of a person.
Importance of property rights
The right to property is very important for man because property gives him the right to enjoy and dispose of a certain thing , without there being limitations beyond those established by law . Thanks to the right to property, no person can be deprived of their property only by a competent authority and for serious reasons of public utility, always subject to the corresponding compensation . It is also important because it goes beyond a house or a building or land, but also influences the rights to life, on personal criteria and on legal training independent of each other.
Some examples of property law are the following:
- A park is a collective public property, a hacienda is considered as individual private property just as the assets owned by a company become private collective assets.
- A car , a house , an apartment are personal property and are classified depending on their nature.