Ownership As Real Right: Rights of The Owner Right To Enjoy

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Personal right or jus in personamfulfi llment of a prestation to give

A real right or jus in re, on the other hand, has been defi ned as
the power belonging to a person over a specifi c thing without a defi nite
passive subject against whom such right may be personally enforced.9

Ownership as Real Right


a real right creates
a direct relation between the specifi c thing and its holder in such a
way that it permits the holder to exclude others from the enjoyment
of the thing.
it creates an obligation on the part of
third persons not to interfere in such enjoyment.
classify real rights into two general
categories: (1) real rights over one’s own property (jus in re propria); and
(2) real rights over the property of another (jus in re aliena).

usufruct, easement, possession and mortgag


Rights of the Owner
Right to Enjoy
right of the owner to freely
enjoy either the property itself or the benefi ts derived therefrom
enjoyment may consist simply of its possession (jus possidendi), or
its consumption (jus abutendi), or its use (jus utendi), enjoyments
of its products or fruits (jus fruendi) or the enjoyment of anything
attached or incorporated to it, either naturally or artifi cially

Right To Use and Abuse

You might also like