What is real right?

What Does real right Mean

In order to know the meaning of the term real law, we are going to proceed to discover, first, the etymological origin of the two words that give it its shape:

-Law derives from Latin, exactly from “directus”, which means “straight”.

-Real, on the other hand, also comes from Latin. In his case of "regalis", which can be translated as "in relation to the king."

A right is the power to claim or do what the law stipulates in one's favor. It is known as real law , in this framework, the right linked to a thing that arises through a legal relationship and that is effective against everyone.
By falling on one thing, real law is opposed to personal law . It is possible to differentiate between primary property rights (such as property rights ) and accessory property rights (such as a mortgage ).

According to various jurists, real law is based on a direct power of the person over the thing: it is not necessary for anyone else to intervene. There is, therefore, a direct or immediate relationship.
A mortgage, however, shows that there are real rights without immediacy. That is why there are doctrines that understand real law not as a relationship between an active subject and another passive one, but as a passive obligation that implies the imposition of the duty to respect it. From there arises the effectiveness of real law against everyone.
It can be said that real law establishes a relationship between the subject and the thing and establishes a negative obligation (strangers to the law cannot invade the immediate link that exists between the subject and the thing in question).
Real law, among other words, revolves around the direct legal ties of human beings with property, protected by a legal system. Real rights are protected by judicial remedies that protect these relationships.
In current legislation, the term in question is spoken in the plural. Thus, reference is made to real rights, of which a series of interesting aspects are established that are worth knowing and taking into account:

-There are different groups of real rights such as real rights of enjoyment, real rights of protection provisional, those of preferential acquisition, those of definitive protection or those of guarantee.

-When all these kinds of real rights are set out in the law, in relation to them, both the pertinent powers and the prohibitions that exist around them are established.

-No less relevant is knowing that a real right is lost when a person ceases to be the owner of it, whether voluntarily or not.

-In addition to those already mentioned, among the most significant rights in rem are that of pre-emption and retraction, that of flight and sub-construction, real estate law or the right of usufruct.

-In Spain, it must be taken into account that real rights take special interest and attention in what are called foral territories, for example.

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