Understanding Real Rights and the Harmonious Collaboration of Powers

Diego Ospina Serna

Hatched by Diego Ospina Serna

Nov 22, 2023

4 min read

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Understanding Real Rights and the Harmonious Collaboration of Powers

Introduction:

In the realm of civil law, real rights are defined by the Civil Code as the combination of four faculties: use, enjoyment, disposition, and vindication. However, it should be noted that the owner's faculties are not limited to these four. They encompass all possible rights. Moreover, it is essential to understand that legal relationships are always between individuals and not between individuals and objects. While the object of these relationships can vary, all legal relationships, including property rights, are established between people. Subsequently, subjective rights can be classified into three main groups: personality rights, family rights, and patrimonial rights. It is within the category of patrimonial rights that real rights fall.

Distinctive Features of Real Rights:

Since Roman law, a distinction has been made between real rights and credit rights, which are personal or contractual in nature. Real rights directly pertain to things and permeate or inundate them, creating a direct relationship between the right holder and the object. On the other hand, credit rights do not establish a direct relationship between the creditor and the object of the obligation. For example, in a loan agreement, the creditor cannot directly appropriate the money owed to them but has a right against the debtor to fulfill their obligation. In this type of relationship, three elements are present: the creditor, the debtor, and the obligation that binds them.

The Importance of Budgetary Equilibrium:

The budgetary process serves to achieve a balance between the expenses that government entities intend to incur and the revenues projected by the state. The principle of budgetary equilibrium, enshrined in the constitution, ensures that the state does not spend more than it collects to avoid a budget deficit. This principle acts as a check against recklessness and potential abuse, as accepting an inevitable budget deficit would lead to an indefinite increase with unpredictable consequences.

The Role of the Executive in Budget Preparation:

According to the constitution, it is the responsibility of the executive branch to prepare the draft budget. Through the Ministry of Planning and Economic Policy (now the Ministry of Economy and Finance), the executive engages in budget consultations with various government entities. These consultations are not definitive, and adjustments are made to ensure budgetary equilibrium. It is important to note that the project budget holds no legal significance until it is adopted by the legislative body. The legislature can either approve the budget as presented or modify it according to their assessment or reject it for valid reasons.

The Principle of Separation of Powers:

The principle of separation of powers, as defined in the constitution, establishes that the exercise of public power is divided among the legislative, executive, and judicial branches. However, this separation is not absolute, and the branches collaborate harmoniously, each with its defined functions. The branches can exercise complementary roles, such as when the executive and judicial branches propose legislation that the legislative branch can adopt, modify, or reject. This collaboration is regulated and limited to the cases authorized by the constitution and laws.

Conclusion:

In understanding real rights and the harmonious collaboration of powers, it becomes clear that legal relationships are established between individuals, and property rights fall within the category of patrimonial rights. Real rights have distinct features, including a direct relationship between the right holder and the object, unlike credit rights. The budgetary process aims to achieve equilibrium between expenses and revenues, preventing budget deficits. The executive branch plays a crucial role in budget preparation, and the principle of separation of powers highlights the collaborative nature of the branches.

Actionable Advice:

  • 1. Familiarize yourself with the legal distinctions between real rights and credit rights to better understand the nature of property ownership.
  • 2. Stay informed about budgetary processes and the importance of maintaining equilibrium to ensure responsible financial management.
  • 3. Explore the principles of separation of powers and the collaborative nature of governmental branches to gain a deeper understanding of how they function together.

Incorporating unique ideas or insights:

While the provided content covers the key points related to real rights and budgetary equilibrium, it lacks unique ideas or insights. To enhance the article, it would be beneficial to incorporate examples or case studies illustrating how real rights and the principles discussed impact individuals and society. This would provide a practical perspective and make the content more engaging for readers.

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