Difference Between Real Rights and Personal Rights in Spain

Question from OK, Difference Between Real Rights and Personal Rights in Spain

Answer from AI:

In Spanish law, understanding the distinction between real rights and personal rights is crucial for navigating property and contractual relationships. Here’s a breakdown of these concepts:

Real Rights (Derechos Reales)

Real rights are rights that a person has over a thing (property). These rights are enforceable against everyone (erga omnes). The most common real rights include:

• Ownership (Propiedad): The right to use, enjoy, and dispose of a property.
• Usufruct (Usufructo): The right to use and enjoy the benefits of someone else’s property without owning it.
• Servitudes (Servidumbres): Rights that allow one property to benefit from another, such as a right of way.
• Mortgage (Hipoteca): A security interest in real property to secure a debt.

These rights are typically registered in the Property Registry (Registro de la Propiedad) to ensure public notice and protection against third parties.

Personal Rights (Derechos Personales)

Personal rights, also known as obligations, are rights that one person has against another. These rights are enforceable only against the specific person obligated to perform. Common examples include:

• Contracts (Contratos): Agreements between parties that create mutual obligations, such as a lease or a service agreement.
• Debts (Deudas): Obligations to pay money or perform services.
• Claims for Damages (Reclamaciones por Daños): Rights to seek compensation for harm caused by another party.

Personal rights are not typically registered in public registries, but they can be enforced through the courts if necessary.

Key Differences

1. Scope of Enforcement: Real rights are enforceable against everyone, while personal rights are enforceable only against specific individuals.
2. Registration: Real rights are often registered in public registries, providing public notice and protection. Personal rights are generally not registered.
3. Nature of Rights: Real rights pertain to property and its use, while personal rights pertain to obligations between individuals.

Legal Framework

The Spanish Civil Code (Código Civil) provides the legal framework for both real and personal rights. Key articles include:

• Spanish Civil Code – Articles 348 to 608 cover real rights.
• Spanish Civil Code – Articles 1088 to 1314 cover personal rights and obligations.

When to Seek Legal Advice

Understanding the nuances between real and personal rights can be complex, especially when dealing with property transactions or contractual disputes. It is advisable to consult with a legal professional for personalized advice, particularly in the following situations:

• Buying or selling property.
• Entering into significant contracts or agreements.
• Dealing with disputes over property or obligations.

Legal professionals can provide tailored advice and ensure that your rights are protected under Spanish law. For more detailed information, you can refer to the [Spanish Civil Code](https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763).

Remember, while this guide provides a general overview, specific legal issues should always be discussed with a qualified attorney.