In order to know the meaning of the term real right, we are going to proceed to discover, first of all, the etymological origin of the two words that give it shape:
-Right derives from Latin, exactly from “directus”, which means “the straight”.
-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 is the power to claim or do what the law stipulates in one's favor. It is known as real right , in this framework, the right linked to a thing that arises through a legal relationship and that is effective against everyone.
When it falls on a thing, real right is opposed to personal right . It is possible to differentiate between principal real rights (such as the right to property ) and accessory real rights (such as a mortgage ).
According to various jurists, the real right is based on the direct power of the person over the thing: it is not necessary for anyone else to intervene. There is, therefore, a direct or immediate relationship.
A mortgage, however, demonstrates that there are real rights without immediacy. That is why there are doctrines that understand real rights not as a relationship between an active subject and a passive subject, but as a passive obligation that involves the imposition of the duty to respect it. From there arises the effectiveness of real law against everyone.
It can be said that real law enshrines a relationship between the subject and the thing and establishes a negative obligation (those outside the law cannot invade said immediate link that exists between the subject and the thing in question).
Real law, among other words, revolves around the direct legal links of human beings with property, protected by a legal system. Real rights are protected by judicial resources that protect these relationships.
In current legislation, the term in question is spoken in 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 rights, definitive protection rights or guarantee rights.
-When all these types of real rights are set out in the law, both the relevant powers and the prohibitions that exist around them are established in relation to them.
-No less relevant is knowing that a real right is lost when a person stops being the owner of it, whether voluntarily or not.
-In addition to those already mentioned, among the most significant real rights are the right of first refusal and withdrawal, the right of flight and sub-building, the real estate right or the right of usufruct.
-In Spain it must be taken into account that real rights gain special interest and attention in what are called provincial territories, for example.