Lus in re is a Latin legal phrase that means ” correct in one thing” and refers to real rights . To be more specific, the real right is an existing right that a person has with respect to an article or subject of property , inherent in his relationship with it. Such person will have full ownership and possession of the property . It is the type of right that an individual has over something in particular, which can be due to a legal nexus ; is the property rightthat a certain individual has with respect to something. The real right or the real rights have two significant particularities , they enjoy the immediate nature of the authority that their authorized person provides on said object; and the opposition called “erga omnes” , a phrase derived from Latin, which means “against everyone” or “in front of everyone . “
It is the power , domain , authority or authority that an individual has over a certain object that has the ability to save a value against the rest, grants direct power over a particular thing.
- Characteristics of real rights
- Real rights by country
- Real rights in Rome
- Difference between real and personal rights
- Difference between right and obligation
- Difference between right and guarantee
- Examples of real rights
Characteristics of real rights
The main characteristics of real rights are the following:
- It is an absolute right because it does not recognize limits.
- Its patrimonial content since it only matters what is susceptible of economic valuation.
- The real rights together with the rights of credits and intellectuals constitute the patrimonial rights .
- It is a link that exists between a person and a thing .
- At the subsidiary level, it is a link that exists between two people.
- It is an immediate relationship , since the use and enjoyment of things occurs directly without the need for any act of third parties .
- They are erga omnes : which means that it is exercised against everyone.
- They are governed by the principle of legality , as there are only those real rights created by law
There are different types of real rights:
- Transitory real law : It is the possession or possession of a thing with the future desire to acquire the property.
- Typical and permanent real right : It is the property next to the possession I am the owner . It says that property is the right that the subject has to use and enjoy a thing, and that this enjoyment or enjoyment cannot be limited without expressly declaring it a law.
- Real rights of enjoyment : it is a limitation to the right of full property , for the reason that this limitation gives us a series of powers that we can gradually degrade the property. Among them is the usufruct , the right to use and habitation and the right of easement .
- Real surface rights : it is in which a person makes a construction on someone else’s land, making the building his own . This right is not regulated in civil law.
- Real rights of realization of securities : the creditor has the power to obtain a pecuniary value and thus be able to satisfy his credit . Among them we find the mortgage , the pledge and the antichresis .
Real rights by country
- Argentina : the rights are regulated in the Fourth Book of the Civil and Commercial Code of the Nation. In the current code of the country the numerus clausus system is applied , because only those listed by law can be constituted: the domain, the condominium, the horizontal property, the real estate complexes, the timeshare, the private cemetery, the surface, the usufruct , the use, the room, the easement, the mortgage, the antichresis and the pledge.
- Chile : they are found in the Civil Code of Chile and are inclined towards the doctrine of numerus clausus regarding the enumeration of the different real rights, being those established by law. That is, only the law can create real rights. Among them we can mention the domain, inheritance, usufruct, use and habitation, easements, pledge and mortgages.
- Spain : in this country, in addition to ownership or domain, there are real rights: possession, usufruct, use, habitation, census, easement.
- Mexico : real rights are classified in enjoyment , in which we can find property, use, usufruct, habitation, easement; and in the guarantee where we find the pledge and the mortgage.
- El Salvador : real rights are the domain, inheritance, usufruct, use or habitation, easement, pledge and mortgage.
Real rights in Rome
The royal rights known to the Romans were the following: property , servitude , pledge and mortgage , surface area , emphyteusis . Quiritary property occurred in Rome , mainly among the ancient Romans, which was a property that could only be had through the means of acquiring civil law , that is, mancipatio, in iure cessio, usucapion and the law .
Difference between real and personal rights
The main difference is that in real law the will of the person is directed to the object of his right and thus acts or exercises it . In personal law, for the exercise of the right, another subject who is constrained to the provision must participate .
The real right can be represented as a static relationship , which is preserved or remains even before the inertia of the owner . Personal law has a dynamic aspect . Therefore, the exercise of property rights does not affect it, but rather reaffirms it. The personal right is exhausted with its exercise.
Difference between right and obligation
When we refer to the law, we are talking about something that the person decides whether to execute or not, it is a particular action, it is flexible because it involves a personal decision, it is tolerant because it is not imposed and allows the disposition of the individual, instead, the obligation It is a duty that the person has to carry out a certain action , this obligation is imperative and implies a duty of conduct , it is also coercive , since it is imposed before the will of the individual.
Difference between right and guarantee
Basically the rights suppose powers and the guarantees are the means that are had to make the rights effective. The right is what is protected and the guarantee is what protects. The subject has the right to information and the guarantee is habeas data. There are some guarantees that can be seen as rights, and there are rights that can be seen as guarantees.
Real law is one of the most important and fundamental pillars of civil law, and through this it is that it is possible to regulate in a general way all the relationships that exist between people and things for their attribution, use and circulation of the goods in order to increase wealth and maintain social peace following the principles of freedom and protection of public security.
Examples of real rights
Some examples of real rights are:
- Right to guarantee when a good is purchased.
- Right to property .
- Right of transit easement .
- Real right of forest area .