In order to know the meaning of the term real right we will proceed to discover, first, the etymological origin of the two words that shape it:
-Right derives from Latin, exactly from "directus", which means "the right."
-Real, on the other hand, also comes from Latin. In his case of "regalis", which can be translated as "in relation to the king".
A right it is the power to claim or to carry out what the law stipulates in favor of one. It is known as real right , in this framework, to the right linked to a thing that arises through a legal relationship and that is effective against all.
When falling upon one thing, the real right is opposed to the personal right . It is possible to differentiate between main real rights (such as property rights) and real rights accessories (like a mortgage ).
According to various jurists, the real law is based on a direct power of the person about the thing: no one else needs to intervene. There is, therefore, a direct or immediate relationship.
A mortgage, however, shows that there are real rights without immediacy. Because of that there are doctrines that understand the real right not as a relationship between an active and a passive subject, but as a passive obligation which implies the imposition of the duty to respect it. Hence the effectiveness of the real right in front of all.
It can be said that the real right enshrines a relationship between the subject and the thing and establishes a negative obligation (strangers to the right cannot invade the immediate link between the subject subject and the thing in question).
Real law, among other words, revolves around the direct legal links of Humans with the assets, protected by a legal system. Real rights are protected by judicial remedies that protect these relationships.
In current legislation, the term in question is spoken in the plural. Thus, reference is made to real rights, of which a series of interesting aspects are established that are worth knowing and taking into account:
-There are different groups of real rights such as real rights of enjoyment, real rights of provisional protection, preferential acquisition, definitive protection or guarantee.
-When these classes of real rights are set forth in the law, in relation to those, both the relevant powers and the prohibitions that exist around them are established.
-Not less relevant is knowing that a real right is lost when a person ceases to be a holder of that right, either voluntarily or not.
-In addition to those already mentioned, among the most significant real rights are the score and withdrawal, the flight and under-construction, the real estate right or the right of usufruct.
-In Spain, it must be taken into account that real rights receive special interest and attention in what are called the foral territories, for example.