El concepto de derechos reales

Francisco Ternera, Fabricio Mantilla Espinosa

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Abstract

In this essay the authors attempt to demonstrate how the concept of in rem
rights doesn't only concern one single legal tie, but on the contrary, it can be used to appoint a sheaf of diverse powers that an individual may have before others with respect to an object. Accordingly, he who boasts the in rem right will have permission to use or enjoy or dispose of a particular asset, needlessly of the intervention of another third person. Similarly, the concept of in rem rights comprises a series of specific legal ties between its rightful holder and other appointed persons. In this perspective "The concept of in rem rights"seeks to reveal the key confusions which originate in the abstract focal point which represents the subject matter in a simplistic and reductionist form which doesn't fit to its appliance in the real world.
Original languageSpanish
Pages (from-to)117 - 139
Number of pages22
JournalRevista de Derecho Privado
Issue number36
StatePublished - Jun 2006

Concepts

  • Concept
  • In rem rights
  • Property

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