Real Estate From A Legal Point Of View

Real estate from a legal point of view

INTRODUCTION

The assets from the legal point of view, and according to our law it would be possible to understand as much as everything that becomes a thing or an entity of appropriation, this would move away a bit of the economic since a good is appreciated asEverything that may be of benefit or help for the human being, so that those goods that cannot be considered as an entity, element or object of appropriation, although those goods may become useful help for the sameBeing human may not be considered as a good seeing it from a legal level, since also within what is the area of law, it is known or understood that the assets that have in no way have been withdrawn are knownof the commercial sphere .

On the other hand, we have to take into account that within the title L of the Book LLSomething that would be related to a resemblance to "good" or also a "house", as a way to define an element, an purpose, an end or an object, but it is necessary to indicate that although all goods become consideredLike things, not all things would be recognized as goods, since in such a way we would understand that in itself the goods would be all the things and rights that manages to be an end that has as the sole objective to help the human being in a way and likewisecan be used by it with a commercial purpose.

However, objects or elements may not be within trade either by their state or because there is a law that prevents it, meanwhile the objects or elements that may not be within the trade because of their condition are those that in themselves cannotIn no way is being bought by any specific person, since then it is importantthat therefore both can be announced as objects of law as indicated by art 583 which indicates that the goods are based on these objects or elements that would become the following: body goods and the other that are theIncorporate goods.

Both goods are constituted by concepts that can be differentiated from each other, the same ones that are established within the Civil Code and the same that are important as we can understand since in a way each way has a slightly different meaning and utility, but that will be fundamental to people.

DEVELOPING

We must start by saying that bodily things can be divided into furniture and immovable. In Book II of the Civil Code (CC) are the assets of goods in art. 583 of this, where it expresses that goods consist of bodily or incorporeal things. 

In this same article, he states that “bodily things are those that have a real being and can be perceived by the senses, such as a house, a book."Therefore, these types of goods are those that have a tangible, perceptible structure and that these are also easily noticeable for our senses (cars, bicycles, departments, keys, books, etc.…).

We can realize that these as an alien and individual entity of the self and that we also impute them, a reality, characteristic between the individual and the different furniture that is in a residence. Now we observe that it is manifested in the CC Art. 584 that bodily things are divided into:

• Furniture e
• Estate 

Being furniture according to art. 585 of the CC “those that can be transported from one place to another, whether moving for themselves, such as animals (which is why they are called semovientes), whether they only move by an external force, such as inanimate things."Then these are those that can be moved by themselves, by their own means that obtain the name of" semovientes "such as cattle, in addition to animals in general from which a service can be obtained as a utility. It also covers those who need to be transládalos or moved from site, which are called inert or inanimate.

It should be noted that art. 593 expresses that: “Movable things are divided into fungible and not fungible.”, The fungibles are the goods capable of being replaceable by others, disappearing in the first use of this, this entails that they cannot be used again. While non -fungible are unique and cannot be replaced.

For art. 586 of the Civil Code The properties are:

Farm or real estate are the things that cannot be transported from one place to another, such as land and mines, and those that permanently adhere to them, such as buildings and trees. The houses and heredades are called grounds or funds. 

This means that they are things that correspond specifically to the definition of real estate, are those that cannot be transferred from one place to another without this being altered, not even can do with an external force with an external force. It is necessary to mention, in addition that the trees, shrub.

Also, in the CC it mentions in its art. 588 that “real estate is reputed, although by their nature they are not, the things that are permanently destined to the use, cultivation and benefit of a property, however, that they can be separated without detriment.”, Such as: the pipes of the pipes, the animals that are stored either in rays, birdies, ponds, and in addition to whatever living attached to the ground, for example, that these are part of the ground as in a building. This type of real estate can be due to destination, nature or adhesion.

Incorporate things

As for incorporating things, the Ecuadorian Civil Code states that these are:

• Real rights 
• Personal

Real rights can be understood as a "power" that an individual has on one thing, the holder of this right can be one or more persons, and in the latter case we will be before a co -ownership the same civil code expresses in the art. 595 that this right:

Is the one we have about a thing without respect to a certain person. They are real domain, inheritance, usufruct, use or room, active easements, pledge and mortgage. From these rights are born real actions. 

In this right there are two elements the first is the subjective element that would become the individual who has the power and ownership. The second is the objective element that is constituted by the thing on which the right is exercised, which manages to be bodily or incorporeal. (Arias)

The real rights are those that are with respect to a certain thing, those in which the relationship is direct between a subject or entitled person and one thing, such as the right of property that links the individual with the body thing that ownsand in which the benefit or benefit proceeds directly from the thing, as in the same property right or in the right of usufruct, in which the fruits or benefits of a material thing directly take advantage of the subject.

In personal law, the applicant has the right to demand that the debtor is compliance with a service, whether it has to give, execute or not execute. According to the CC in its art. 596 mentions that:

Personal rights or credits are those that can only be claimed from certain persons who, due to their own or the only provision of the law, have contracted correlative obligations;Like the one who has the lender against his debtor, for the money borrowed, or the son against the father for food. These rights arise personal actions. 

These types of rights are those resulting from the legal link between two or more individuals, being one of them the debtor, it must be emphasized that it is obliged to give, or not to do, in addition it is empowered by the right to be able to demand the benefitor service.

The legal link that originate these personal rights has the following elements that intercede in the act itself:

• The active element, being represented by the person requesting the real right.
• The same element that is the person who acquired the obligation freely and voluntary. Which could be to give, do or not do.
• The element of the object This is the amount that the passive individual has by which it undertakes to give, do, or not to benefit active element.

Juan Andrés Orrego mentions that personal rights are unlimited, they can originate freely in the will of the contractors, without naturally respecting respect for law, morals, public order and good customs. 

CONCLUSION

The facts that must be reputed furniture. The action for an architect to execute the agreed work, or compensate for the damages caused by the inejection of the agreement, therefore, enters the class of movable property.

References

• Arias, p. M. (s.F.). Possessory actions of an usufructuary. Obtained from http: // dspace.UTPL.Edu.EC/BITSTREAM/123456789/1310/3/UTPL_MONICA_ALEXANDRA_ARAS_PARRA_346X175.PDF
• CIVIL CODE. (June 24, 2005). 65. Retrieved on December 29, 2020, from https: // drive.Google.com/file/d/1vl8jlaadpy1rwmvvil96bi0-0mctqhi/view?USP = Sharing
• Eguiguren, g. (s.F.). Vlex Ecuador. Obtained from https: // vlex.EC/VID/GOOD-537935470
• Orrego, j. A. (s.F.). The goods. Retrieved on December 30, 2020