Law of things or real rights

Ius in re

Immediate and direct power of a person over a thing that the

others have to tolerate.
The holder of the real right can use the right and oppose its
existence to everybody.
Differences between real rights and credit or personal rights:
(i) Personal rights bind debtor and creditor while real rights
entail an influence over a thing.
(ii)Real rights can be made effective against any third party
while credit rights are only effective against the debtor.
(iii) Real rights need title + modus.
(iv) Real rights are subject to be registered within the
Property Registry while credit rights cannot be registered.
 Types of real rights

1.- Total or complete real right: the real right over things
extends to all aspects of ownership (right of property).
2.- Limited real rights: rights in someone else´s thing. They
allow the partial use or enjoyment of a thing that belongs to
someone else.
Usufruct: bare ownership + usufruct = ownership
Easements: of access, of light and view, etc.
3.- Surety real rights: guaranty of the payment of a credit right.
Pledge: movable assets
Mortgage: real estate