What is a personal right vs. a real right? (Article 1164, Civil Code)

Summary

In this video, Attorney Chris Batan Lasko breaks down key legal concepts from Article 1164 of the Civil Code, explaining the distinction between real rights and personal rights in obligations and contracts. Real rights allow individuals to exercise authority over specific things, while personal rights focus on the ability to demand obligations from a specific party. The video covers practical examples to illustrate these concepts and delves into the various types of constructive delivery, such as traditional symbolica and traditio longamano, showcasing how these methods are applied in legal transactions. A clear and concise explanation for anyone interested in understanding legal rights in contracts.

Takeaways

• 😀 Real rights pertain to a person over a specific thing without a passive subject, meaning they apply to the world at large.
• 😀 Personal rights allow a person to demand fulfillment of an obligation from a specific person or entity.
• 😀 Article 1164 explains the distinction between real rights and personal rights in the context of obligations and contracts.
• 😀 A creditor can claim the fruits of a promised thing from the time the obligation to deliver arises but acquires no real right until delivery occurs.
• 😀 A real right is established only after the thing promised has been delivered to the creditor.
• 😀 If there is no specified date for delivery, the obligation to deliver is demandable immediately upon the promise being made.
• 😀 Personal rights allow the creditor to demand immediate delivery if no period is set for the obligation.
• 😀 There are two types of delivery: actual delivery and constructive delivery.
• 😀 Constructive delivery includes methods like symbolic delivery, longamano (pointing out), and constitution of possession.
• 😀 Constructive delivery can involve changes in the status of possession, such as transferring from a lessee to an owner in the case of property transactions.
• 😀 The legal process of delivery can also involve formal acts like executing a deed of sale or legal forms to transfer ownership.

Q & A

What is the main focus of Article 1164 of the Civil Code?

Article 1164 discusses the creditor's rights regarding the delivery of a thing. It states that the creditor has the right to the fruits of the thing once the obligation to deliver it arises but does not acquire a real right over it until the thing is actually delivered.

What is the difference between a real right and a personal right?

A real right pertains to a person’s right over a specific thing and is enforceable against everyone. A personal right, on the other hand, is a right to demand performance from a specific person (the obligor) and is enforceable only against that individual.

What is an example used in the video to explain personal and real rights?

The video uses the example of Ben promising to deliver a parcel of land to Billy. Before the agreed date, Billy has no rights. On the agreed date, Billy gains a personal right to demand delivery, but he only gains a real right after the land is delivered.

What happens if there is no agreed period for delivery in a promise?

If no period is agreed upon, the obligation to deliver becomes demandable immediately, and the recipient acquires a personal right from the moment the promise is made. The real right only comes into play after delivery.

What are the two main types of delivery discussed in the video?

The two main types of delivery discussed are actual delivery and constructive delivery. Actual delivery involves the physical transfer of the item, while constructive delivery involves symbolic acts or other methods that signify the transfer of ownership.

Can you explain what *Traditio Symbolica* means?

Traditio Symbolica refers to symbolic delivery, where an item is delivered through a symbol of the thing promised. For example, if a house is promised, the key could be given as a symbol of the house.

What does *Traditio Longa Mano* refer to in constructive delivery?

Traditio Longa Mano refers to delivery by mere consent or pointing out of the object. This might involve verbally or visually indicating the item or property that is being transferred, like showing the boundaries of land.

What is *Traditio Brevimano* and how does it relate to delivery?

Traditio Brevimano is a form of shorthand delivery where a person changes from being a mere possessor of an item to becoming its legal owner, such as when a lessee purchases a property they are renting and becomes the owner.

What is the concept of *Traditio Constituton Possessorium*?

Traditio Constituton Possessorium is when a person remains in possession of property but changes their legal status. For example, a homeowner might sell their house but continue to live in it as a lessee under a new agreement with the buyer.

How is delivery made in a sale transaction, according to the video?

In a sale transaction, delivery can be made through the execution of legal forms and solemnities, such as a deed of sale, which legally transfers ownership from the seller to the buyer.