Real right

The real right is one that allows its owner to obtain economic benefit from a certain asset. This, immediately, exclusively and protected by the corresponding authorities.

Real right

In other words, the real right is the attribution that the law recognizes to a person to make use of a property and obtain economic advantages for it.

It is usually referred to real rights over material or tangible assets. However, we must remember that there are intellectual property rights over intangible assets, such as a new soda formula.

Another issue to take into account is that the real right can be exercised entirely and exclusively by an individual, or it can be shared with other people. For example, a family living in an apartment shares the property.

Examples of real rights

Some examples of real rights are:

  • Possession : It means maintaining the custody of the protected property.
  • Usufruct : Right of enjoyment or enjoyment of someone else’s property, without becoming its owner.
  • Use and habitation: This occurs in the case of real estate. The tenant of a house can occupy and use it, but he is not the owner.
  • Transmission : The owner can sell, inherit or donate a property.

Property law versus property law

It is important to note that the property right is a type of real right that encompasses all the powers that can be exercised over an asset.

Thus, the owner of an asset has the right to use it, transfer it, sell it, destroy it, among others.

In other words, property law is a case of real law where the powers are full or complete.

Therefore, whoever exercises a real right over a property is not necessarily its owner.

Characteristics of real law

The main characteristics of real law are the following:

  • Immediacy: The owner can make use of the property immediately, without the prior permission of another person. However, this does not mean that there cannot be exceptions if, in the exercise of this power, the rights of another individual are being affected.
  • Power of exclusion: The owner has the power to prevent others from accessing the protected property. That is why a homeowner, for example, can prevent strangers from entering his property.
  • Preference : Protection is guaranteed before the law, before another person who could also claim that right. For example, imagine that an individual owns a piece of land and sells it. Then, it will continue to be recognized as the owner of the property until the new owner is recognized in the official records.
  • Persecution: It means that the owner can claim the return of a property that has been stolen or taken from him. Likewise, it can prevent the person who has improperly appropriated the property from exploiting or benefiting from it.

Ways of acquiring property rights

There are two ways to acquire a real right:

  • Originating: The right is not based on that of a previous owner. For example, if a person finds a 10 euro bill in the middle of the street.
  • Derivatives: When the right comes from a previous owner. For example, if a person buys a home that previously belonged to someone else.

It should be noted that real rights acquired in derivative ways do not necessarily imply a consideration. That is, it can be a sale, donation or inheritance.

Likewise, the acquirer may obtain different or equal rights in rem, but never superior to those of the previous owner. Thus, for example, a person who rents an apartment can sublet it, but cannot transfer ownership of that property.