The important advances that based on philosophy saw their seat in law at the height of the Holy Roman Empire are well known. Many of its legislators dedicated themselves to establishing all the principles that characterized the culture of what would be the incipient European idiosyncrasy.

The real right is not limited

The real right is expressed as one that retains primacy over any other and in all circumstances. The subject of law exercises it over a thing and preserves it before any entity. There is no situation in which you lose that condition. Our Blog

This is the case of property rights that, being a real right, there is no way to lose it unless it is by express will of the subject of the right, who can assign, alienate or donate it. That is why it is said that real rights apply to all, or in Latin, erga omnes .

This aspect is decisive for life in society that we know, since it is what allows private property to subsist under any circumstance. Contrary to the credit right that is established between parties or interpersonally, the real right allows the prosecution of the thing.

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The persecution (although it sounds like an action movie) what it indicates is that the owner of a property has the full right to regain its ownership from anyone.

The real law is self-sufficient

Let's take a practical example: suppose that a tenant fraudulently negotiates a flat with a third party, who buys it in good faith.

In this case, the real owner is fully empowered to claim the recovery of his property from that third party, sufficiently demonstrating his ownership. The defrauded person will never be able to refuse to deliver the thing claiming to have delivered money; real law prevails over any allegation.

On the contrary, a right of credit only grants prerogative inter parts; that is, the imputation or claim only applies between the people who interact and no one else. For example, a landlord can only demand rent from his tenant.

The real right makes sense on the patrimonial assets and they are framed in the absolute rights, granting the subject of right lordship or direct power over the thing since it does not need any intervention to exercise or display it.

Real rights can be of various types or classifications. The best known is the property right, but there are others to which we are quite familiar, such as usufruct, use, habitation and easement. Likewise, we can add other less known ones such as the census, the surface, flight and sub-construction, among others.

Property is a real right, and so is the mortgage

We must also mention one that is an inherent part of our daily life and is the mortgage. The mortgage is a real right that is related to the pledge, but that has the particularity of not needing the mobility of the thing to be exercised.

What this means is that when the mortgage is established, the property is pledged in favor of the creditor; however, the warranty does not need to be in your hands. That is why the owner has full rights even when the thing is compromised.

In the case of the mortgage, we can see the confluence of two real rights over the same thing, in this case the property acquired and subject to this condition, until the moment that the debt caused is fully amortized.