According to the Guatemalan Civil Code, the rights in rem are as follows: However, we believe that the concept of rights in rem is fully applicable in faciendo in our law, at least in the case of the real right of voluntary servitude, since the owner of the agent`s property could hypothetically be obliged to do so if he were obliged to do so in the constituent enterprise (for example, to repair the condition of the established road and keep it in good condition). Program of study: 1. Concept and development 2. Meaning 3. Legal enumeration of immovable property 3.1. Properties by nature 3.2. Properties according to objective 3.3. Immovable property by the object to which they relate 4. Legal list of movable property 4.1.
Furniture by nature (body furniture) 4.2. Movables according to the object to which they relate or which is determined by law 4.3. Furniture in anticipation One conception of the theory of real rights is as follows: „Right in rem, the owner acquires direct and direct power over a property that can be exercised and opposed to all“ Summary: 1. Advertising in general. Definition 2. Advertising and form 3. Publicity: publication of rights in rem 4. Importance of advertising in the register 5. Main classification criteria for systems of record 6. The Venezuelan real property registration system 7. Purpose 8.
Principles of land registration 8.1. Derogation principle 8.2. Priority principle 8.3. Principle of speciality 8.4. Principle of consequence or successor 8.5. Principle of legality 8.6. Principle of publicity 8.7. Principle of legitimacy 8.8.
Third-party effectiveness 9. The registration process 10. Effects of recording advertising 11. Addressees of registration protection Summary : 1. Approximation of laws 1.1. General 1.2. Ownership of international normative instruments and their constitutional foundations 1.3. Importance of the constitutional status of the right to property 2.
Concept and evolution 3. Characters 4. Elements 5. Content or powers 5.1. Rule 5.2. Use and enjoyment 6. Scope or scope 7. Procedures for acquiring the property 8. Methods of extinguishing goods 9.
Legal restrictions on ownership 9.1. General 9.2. Restrictions on public services 9.3. Legal restrictions on private public services 10. Civil measures for the protection of property 10.1. Introduction 10.2. Action for damages 10.3. Claim for movable property 10.4.
Action on certainty 10.5. Delimitation action 10.6. Summary of the rejection action: introduction 1. The main systems for the transfer of immovable property 1.1. Causalist systems that link the transfer of ownership to the mere existence of a contract of intent 1.2. Causalist systems requiring title and mode 1.3 correspondence. Abstract systems: German model 1.4. Customary law 1.5. Current trends 2.
Venezuelan system 2.1. The contract is considered as a possibility to acquire goods and other rights in relation to the real 2.2. The principle of transfer or creation of ownership and other rights in rem only by consent (consent only) 2.2.1. Preliminary remark 2.2.2. Further development of Principle 2.2.3. The provisions of the Venezuelan Civil Code 3. Conclusion: consensualism today An intermediate concept establishes two elements of real rights: Summary: 1. Etymology. Background.
Impact 2. Concept 3. Difference from other Figures 4. Legal nature 5. Type of legal regulation of emphyteutic 6. Methods of constitution 7. Rights and obligations of the grantor 7.1. Grantor`s rights 7.2.
Obligations of the grantor 8. Rights and obligations of the enfiteuta 8.1. Rights of enfiteuta 8.2. Obligations of Emphyteuta 9. Defence of the right of enfiteuta 10. Extinguishment In the case of concessions in the public mining or water sector (article 2 of the mining law and article 6 of the water law), Chilean legislation also speaks of rights in rem, although in these cases they are technically concessions. The problem is not the numerus clausus, but the fact that rights must meet the substantive and formal requirements arising from their specific nature in order to be considered as rights in rem. Summary: Introduction 1. Purpose and content of rights 2. Undertakings which may be subject to economic rights 3.
Notion of „thing“ 4. Requirements of the thing 5. Objects and goods 7. General classification of things 6.1. For their physical and legal characteristics 6.1.1. Physical and immaterial things 6.1.2. Specific things, general things and gender things 6.1.3. Fungible and non-functional things 6.1.4. Consumer goods and consumables 6.1.5. Perishable and non-perishable goods 6.1.6. Divisible and indivisible things 6.1.7.
Present and future things 6.1.8. Movable and immovable property 6.2. According to the report of the interconnection of objects 6.2.1. Simple things and compound things 6.2.2. Main articles and accessories 6.2.3. Fruit, expenditure and improvements 6.3. According to their appropriation or ownership 6.3.1. Appropriation and expropriation items 6.3.2. Trade-sensitive and non-commercial articles 6.3.3.
Publicly owned and privately owned property They are mentioned as real rights assumptions before positive easements, censuses and modern urban use, which is recorded in the register of separate property from land, which can even be mortgaged. By rights in rem we mean those in which third parties are obliged not only to tolerate, but to act in favour of the rights holder. In Spain, in addition to ownership or domain, there are also real rights: possession, usufruct, use, housing, census, serfdom and others, since there are no limits to the existence of real rights. Another view is that rights in rem are subjective rights that assign direct power over a thing to their owner and can be exercised against third parties. A right in rem is a legal power exercised by a person (natural or legal) over a thing; regulates ownership and the rights and obligations relating to ownership. This power may be direct and immediate or indirect and intermediate and may involve total or partial use, this right being contrary to third parties. The figure comes from Roman law ius in re or just above the thing (see Law of things). It is a term used as opposed to personal or credit rights. The main property rights are property, usufruct, serfdom, mortgage, lien, anticresson, emphyteutic and census.
Possession may or may not be a real right in the legal system. The property rights recognized in Mexico are classified in two ways; The first is enjoyment where one finds: property, use, usufruct, dwelling, servitude, surface; The second is called a guarantee: pledge, mortgage. We also find the resolutory condition of the sale, the reservation contract, the right of retention, intellectual property and industrial property. Servitude is the real, perpetual or temporary right to the property of a third party, on the basis of which it can be used, exercise certain rights of disposition or prevent the owner from exercising some of his property rights. Summary: 1. Concept 2. Theories 3. Determination 4. Ranking 5. Signs 6. Comparison between rights in rem and claims 6.1.
Concept of credit law and right in rem 6.2. Section 6.3. Compartments 6.4. Object 6.5. Acquisition 6.6. Duration 6.7. Termination 6.8. Conflicts with other rights 6.9. Enforceability or erga omnes 6.10. Immediacy 6.11. Protection against registration 6.12. Content 6.13.
Protection 6.14. Benefits 6.15. New Future 6.16. Review 6.17. Legal regulations 6.18. Static and dynamic character 6.19. Loss of Article 6.20. The non-compliance exception 7. Rights in rem differ from compulsory rights: Summary: Introduction 1. The concept of family property as a special community of rights to life in Decree-Law 2. Some differences and similarities between the housing regime of the Great Mission of Housing Venezuela and that of the properties subject to the application of the Law on Horizontal Property 3.
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