We explain what property law is and what its characteristics are. In addition, examples of application of this right.
The right of ownership or ownership is the direct and immediate legal capacity that a person has with respect to a specific object or property, which allows them to freely dispose of them within the framework established by law.
In other words, it is about the power that legal subjects have over objects and properties to do what they want with them, without violating the law or causing damage to third parties.
The property right applies to all objects subject to appropriation, which is determined by three main characteristics:
Similarly, it is considered that the right of full ownership gives the holder three powers over the object or property in question, which are the use ( ius utendi ), enjoyment ( ius fruendi ) and enjoyment ( ius abutendi ), a distinction that was born in Roman Law during medieval times:
Property rights are considered to exist in the following ways:
The property right can be verified in cases such as the purchase or sale of a house , since there will necessarily be a sole and exclusive owner who puts it on sale and a new sole and exclusive owner who agrees to pay for it. Once the transaction is over, the property will have been transferred from one subject to another, but the house will never have ceased to belong to someone.
Another example would be a farm in which there are numerous fruit trees. These are, together with everything planted in the land, exclusive property of the owner, as well as the fruits that these trees throw, and of which the owner may dispose as he wishes: selling them, giving them away or leaving them to rot.
There are different ways of classifying a property according to what is established by this branch of law, such as:
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