Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, in Nov. 2008
It is known by the term property to any new but ready-to-use real estate or that already has long-term use and it can be either an apartment or a house, while, in the right, the term property has an approximate meaning to this, but of course, with a broader character than what the good itself will be, legal and related to the law.
Then for the right, property is he Immediate direct power over an object or property that the owner of that property or object will hold and what will allow him to freely dispose of it, obviously and always within a legal framework. The object of the property right is composed of all those goods that may be appropriated, but for this the good must meet three sine qua non conditions: that it is useful, that it exists in a limited quantity and that it can be occupied.
The property right is contemplated not only in each Constitution particular nationality of each country, if not also in international Conventions, Covenants and Treaties such as the Universal Declaration of Human rights, promulgated in 1948 within the UN.
This right to own such thing, allows that, in case others attack or damage us we can claim or denounce through the courts those who violate our right to that determined well. Take, for example, the situation where we have a motorcycle, and when we leave it in a parking lot while we shop or wait at the doctor, someone steals it from us. Or in another case, if we have a house that we are finishing building, and suddenly we we found that some person usurped those facilities that correspond to us as owners who we are theirs.
In almost all laws, the right to property, taken and inspired by the roman law, supposes three faculties: use or ius utendi, enjoyment or ius fruendi and disposition ius abutendi.
The first refers to the right that the owner of a good will have to use it, although be careful, as long as this use does not cause any damage, or cause any harm to others, for example, the person who acquires a property to give it a commercial use of a dance hall, for example, must observe some rules basic of coexistenceOtherwise, your neighbors could take legal action against you and the owner lose the right to use the property.
On the other hand, the ius fruendi is the right to enjoy the good, this means that with or without its presence, everything that the good produces will belong to it and can dispose of it. They, meanwhile, these can be natural or civil, for example, I have a dog and I make him have a baby, then, these, at the moment they are born, will belong to me, this It is a natural fruit and the civil is for example when I leave an apartment and put it up for rent, the money that the person who rents it will pay me is a type of fruit civil.
And finally, the ius abutendi is what allows us to dispose of the thing, this implies your right to destroy it, modify it and even give it to another.
Of course, beyond our property rights over material goods of which we are titled as "owners", in some occasions we may lose part or all of them when we do not comply with certain obligations contracted by us in view of organisms, companies or institutions. For example, a very common case is that a financial institution such as a Bank seize part of our properties, take away ownership of them as a way to settle a debt that we have contracted with the entity and that, intentionally or not, we have not complied in a timely manner with the payments agreed with such Bank. Our properties make up our heritage or capital, and that is what comes into play when We contract debts (in the case of credits for example) or obligations (in the case of rentals of estate).
Property Issues