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    Distinction Between Real Rights and Personal Rights

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    Mzingisi Tuswa
    Real rights provide direct control over tangible objects, while personal rights entitle one to performance from a specific individual. Real rights originate from legal facts and allow the holder to enforce their claim against anyone controlling the object. Personal rights arise from obligations between parties and can only be enforced against the obligated individual. Real rights are absolute and take precedence over other rights in insolvency, whereas personal rights are relative and do not follow the "first in time" principle. Creation, transfer, or extinction of real rights requires publicity through methods like delivery or registration due to their absolute nature against the world at large.

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    Distinction Between Real Rights and Personal Rights

    Uploaded by

    Mzingisi Tuswa
    2K views1 page
    Real rights provide direct control over tangible objects, while personal rights entitle one to performance from a specific individual. Real rights originate from legal facts and allow the holder to enforce their claim against anyone controlling the object. Personal rights arise from obligations between parties and can only be enforced against the obligated individual. Real rights are absolute and take precedence over other rights in insolvency, whereas personal rights are relative and do not follow the "first in time" principle. Creation, transfer, or extinction of real rights requires publicity through methods like delivery or registration due to their absolute nature against the world at large.

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    Distinction between real rights and personal rights

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    Real rights provide direct control over tangible objects, while personal rights entitle one to performance from a specific individual. Real rights originate from legal facts and allow the holder to enforce their claim against anyone controlling the object. Personal rights arise from obligations between parties and can only be enforced against the obligated individual. Real rights are absolute and take precedence over other rights in insolvency, whereas personal rights are relative and do not follow the "first in time" principle. Creation, transfer, or extinction of real rights requires publicity through methods like delivery or registration due to their absolute nature against the world at large.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Distinction Between Real Rights and Personal Rights

    Uploaded by

    Mzingisi Tuswa
    Real rights provide direct control over tangible objects, while personal rights entitle one to performance from a specific individual. Real rights originate from legal facts and allow the holder to enforce their claim against anyone controlling the object. Personal rights arise from obligations between parties and can only be enforced against the obligated individual. Real rights are absolute and take precedence over other rights in insolvency, whereas personal rights are relative and do not follow the "first in time" principle. Creation, transfer, or extinction of real rights requires publicity through methods like delivery or registration due to their absolute nature against the world at large.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Distinction between real rights and personal rights

    Real Right Personal Right

    Object Tangible Corporeal thing (except a pledge Performance (to give something,
    of claims to do something or not to do
    something.
    Content The holder of a real right will have a The holder of a personal right is
    direct claim to and a right of disposal entitled to claim performance
    over a thing from a specific individual.
    Remedies The holder of a real right can enforce his The holder of a personal right
    real right by means of a real remedy (e.g. enforces his right by means of a
    rei vindicatio) of owner, which can be personal remedy e.g. condictio
    instituted against anyone who is furtiva (action of an owner against
    unlawfully in control of the thing. thief to claim back stolen object)
    Source / Origin Real rights have their origin in legal facts Personal rights come into
    as opposed to obligations e.g. delivery, existence through obligations e.g.
    accession (accessio) and prescription. in terms of a contract or a delict.
    Absoluteness Real rights are “absolute” in principle : Personal rights are relative in
    The holder of a right can vindicate his principle : The holder can enforce
    thing (subject to certain exceptions) from his right only against that person
    anyone who may be in control of a thing. who is obliged to perform in terms
    of an obligation.
    Preference In case of insolvency, a real right enjoys In most cases the prior in tempore
    preference over other rights Maxim ‘first est potior in iure principle will not
    in time is stronger in law’ (prior in apply to personal rights.
    tempore est potior in iure) is applied in
    case of two or more competing real
    rights.
    Publicity When it comes to creation, transfer or
    extinction real rights requires some form
    of publicity:
    Delivery – transfer of ownership of
    movable thing.
    Registration – immovable property
    Reason for this lies in nature of real
    rights. Since these rights have to be
    respected by the world at large, it is
    important that there should be some
    form of publicity informing outsiders of
    existence, transfer or extinction of real
    rights therein.

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