Difference between Real and Personal Rights

What are Real Rights?

The real right is a legal term that is used to indicate that a person has legal power over an object or property, with an immediate and exclusive character, which either partially or totally, gives the subject the ability to dispose of it. the good acquired, without using intermediaries, much less, considering the opinion of third parties.

Each country in its Civil Code establishes the guidelines that are considered to confer the real right of a thing to a person, so that their power over the property is absolute without the claim of others being valid. These rights can be claimed before a Court if required, but for this we must know which one we are referring to among its types.

  • Provisional protection rights: in this the temporary possession of the goods is agreed, prior to a definitive acquisition.
  • Definitive Protection Rights: Legislation grants power over something in particular for your use and enjoyment.
  • Security rights: if the property has a debt, the new owner must assume that responsibility before the creditors.
  • Right of preferential acquisition: this applies at the time of acquiring a good, which gives priority to some over others when signing the contract.

Likewise, there is another classification used in terms of real rights to indicate the assets that comprise the acquisition of this power:

  • Main real rights: it is directly related to the appropriation of things such as movable and immovable property. It also includes the usufruct, which is being a co-owner, who can enjoy things but which legally belong to another, being able to use it for their personal benefit. Likewise, the real right of habitation, which provides protection to an individual or family group in a suitable space for it. Emphyteusis, this type of right is commonly used in farms in the form of a lease but for an indefinite period.
  • Accessory real rights: they give the owner the guarantee of payment of a credit, providing security on the collection of the debt. Among the accessory real rights are the mortgage, the pledge and the antichresis.

What are Personal Rights?

Personal rights are the obligations that an individual has with a creditor, based on a credit that the latter made to the individual. It is also known as credit law.

The active subject, who has been the creditor, is the one who demands the fulfillment of the legal relationship and who can sue the debtor, the responsibility with the commitments acquired in mutual agreement. The debtor party is the one who creates the link in the first instance, to benefit from the creditor’s resources; however, from there a relationship begins that may have a judicial nature in case of non-compliance with the obligations acquired.

Some of the characteristics of personal rights are that the parties that comprise it can establish the conditions for the exchange to be reciprocal, whose only limitation is that they act within the limits of legality. In this interaction between the creditor and the debtor, there is a third element, which is the benefit. On the other hand, it is said that this type of relationship has two sides, and that is that the debtor only sees the debt, while the creditor sees the credit. Personal law usually has a duration, and has little efficiency, since the creditor must pursue the debtor to fulfill the agreed commitment.

Difference between Real and Personal Rights

  • Real law establishes a relationship between the subject and the object, while personal law refers to the link between two subjects (creditor – debtor).
  • Personal law limits the creditor against the agreements established with the debtor, whereas in real law, the subject that possesses legal power has absolute power over the property.
  • Two elements are involved in real law, the title that confers power to the person who owns it and the property itself: On the other hand, in personal law three elements are involved: the creditor, the debtor and the benefit.
  • Personal law is dynamic and temporary. For its part, the real right is permanent and absolute.
  • The real right allows a partial or total use given its economic nature. With respect to personal law, the legal relationship is based on a moral or patrimonial loan.

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