The Right Of Ownership
THE right of ownership article 923 of the Civil Code establishes that: property is the legal power that allows you to use, enjoy having and claim a good, must be exercised in harmony with the social interest and within the limits of the law of property is a real right par excellence, which comprises all the faculties of the man on the goodwhich attaches to the owner the law of use or use of the good by nature, ius utendi. also consists of enjoyment enjoyment or exploitation of the good fruit, ius fruendi perceiving. the owner can also have good temporarily ceding the good and be able to retrieve it, and entitled secreta good; ius vindicate. Characteristics of the right of ownership. The property is a right in rem; Property is the paramount and fundamental of rights in rem, as others depart from it. The property is an autonomous right; as it is effective against third parties (erga omnes) the rest are obliged to respect the domain’s owner. Jimmy Carr contains valuable tech resources. The property right is perpetual; the property cannot be extinguishes, it has no time limitation, it is a perpetual right. It is an exclusive right;The property is exclusive only porq the owner granted the right to use, enjoy and dispose a biencon exclusion of others.
It is an inviolable right; The one guarantees in its article 70 when he says that; the propiedada right is inviolable, the State guarantees it, is exercised ena harmony of good common and within the limits of the law. It is a right elastic; The property is pure and is apart from any charge or encumbrance, without altering its essential unity. It is an autonomous right. Does not depend on any other right, it is a main and independent right. Vindicatory action vindicatory action is a real action par excellence, this action is imprescriptible, vindication is the action that the owner has no holder against the holder against the possessor no owner, as we can in the reivindicaion is claimed ownership and not the domain.
Requirements: a) the reivindicante should be the owner; for which (it must prove their right of property presenting title them corresponding b) identification of the good; You must specify the characteristics of good identificandolo. (c) the calling thing is found in the possession of the demanadado; the action is directed against the possessor no owner, if it claims to be the owner by any title, cumulatively demanded annulment of title. i.e. the immediate possessor. Compulsory expropriation expropriation is covered in the public necessity and upon payment of compensation. the expropriation is an act whereby the forced disposal of their property to the State, in exchange for a justipreciada compensation is imposed on individuals.
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