Rights in rem and numerus clausus

At every moment, persons are in contact withg oods that serve to satisfy the different needsencountered in daily life. Since the relations between persons and goods are an importantmatter, it is basic to understand the area of Civil Law that regulates them: the Rights inRem. However, we find that, f...

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Bibliographic Details
Main Author: Martín Mejorada Chauca
Format: Article
Language:Spanish
Published: Asociacion Civil THEMIS 2014-05-01
Series:Thēmis
Subjects:
Online Access:http://revistas.pucp.edu.pe/index.php/themis/article/view/12694
Description
Summary:At every moment, persons are in contact withg oods that serve to satisfy the different needsencountered in daily life. Since the relations between persons and goods are an importantmatter, it is basic to understand the area of Civil Law that regulates them: the Rights inRem. However, we find that, from the relations that a person may establish with goods, notall of them are considered to be part of sucharea, but only a limited number. In this article, the author proposes to abandon the idea that the only Rights in Rem are the ones expressly set as them by the law, reminding that the persons themselves are the ones that can make the best decision about which relation is more  convenient for them to establish with a good, since the interest that wants to be satisfied depends on each person.
ISSN:1810-9934