Derecho Personal
Understanding Personal Rights
Definition and Nature of Personal Rights
- Personal rights, in contrast to real rights, establish relationships between individuals where the holder can demand a performance from another party. These are also referred to as creditor rights or obligations.
- Two subjects are identified in personal rights: the active subject (creditor) who holds the right to demand, and the passive subject (debtor) who is obligated to fulfill that demand. The object of these rights can be either goods or human actions that satisfy needs.
Comparison with Real Rights
- In real rights, the holder enjoys direct use and enjoyment of an asset; however, in personal obligations arising from contracts like sales, the buyer cannot directly use the item but can only demand its delivery from the debtor.
- Unlike real rights which are limited by law, personal rights can be created freely by mutual agreement between parties without legal restrictions on their number. This flexibility allows for an unlimited creation of personal rights based on contractual will.
Extinction and Legal Action
- Personal rights may extinguish due to non-use over time through prescription, leaving them as natural obligations without legal recourse for enforcement. A common example is claiming a debt against an individual rather than against state entities unless secured by a mortgage contract.
- Real rights serve as guarantees for using or enjoying property; thus understanding them is crucial to avoid future complications regarding ownership and claims. Personal rights are inherently unlimited but must respect laws and public morals during their formation.
Elements Constituting Personal Rights
- Three key elements define every personal right:
- The active subject (creditor),
- The passive subject (debtor),
- The object of the right which could involve action or abstention from action.
These elements create a structured relationship within legal frameworks governing obligations.
Characteristics and Types of Personal Rights
- Active and passive subjects in personal relationships may sometimes remain undefined until payment or collection occurs; for instance, a bearer of a credit title remains undetermined until they present it for collection. Similarly, debtors may vary based on property ownership at payment time.