The Interconnection Between Budgetary Principles and Real Rights

The Interconnection Between Budgetary Principles and Real Rights

Introduction:

In this article, we will explore the interconnection between budgetary principles and real rights. Although these two concepts may seem unrelated at first glance, a closer examination reveals the underlying connections. By analyzing a contencioso de interpretación case and delving into the definition of real rights, we can gain a deeper understanding of how these concepts intersect. Additionally, we will provide three actionable pieces of advice for individuals and organizations to navigate this intersection effectively.

Budgetary Principles and the Contencioso de Interpretación:

In the case of the demanda contenciosa-administrativa de interpretación prejudicial para que la Sala Tercera, prejudicialmente, se pronuncie sobre el valor legal de la Circular DIPRENA-011 del 14 de agosto de 1998, expedida por el Señor Ministro de Planificación y Política Económica, it is evident that budgetary principles play a crucial role. The circular in question does not restrict the Procurador General de la Nación's ability to present a budget proposal that aligns with the actual needs of the Ministry of Public Prosecution, even if it exceeds the current budget. However, the budget proposal, like those of other public entities, can be modified to ensure financial equilibrium.

The primary purpose of budgetary hearings is to achieve a balance between the desired expenses of the ministries and other public entities and the projected revenue of the state. This commitment to budgetary equilibrium is enshrined in the constitutional principle of "equilibrio presupuestario." The executive and legislative branches, through budgetary hearings, strive to uphold this principle to prevent a budget deficit that would require extraordinary resources.

Real Rights and Budgetary Principles:

Real rights, as defined in the Civil Code, encompass the four faculties of use, enjoyment, disposition, and recovery. While these four faculties are fundamental, it is important to note that they are not exhaustive. Real rights exist within a legal relationship between two or more parties, as all legal relationships are inherently between individuals. It is incorrect to assert that there are legal relationships between individuals and goods, as this would imply that goods have legal relationships with people. Rather, legal relationships have different objects, such as goods or behaviors.

Real rights fall under the category of patrimonial rights, which involve economic content. In contrast to personal or family rights, which derive from personal or familial relationships, real rights directly pertain to things or objects. This direct relationship between the holder of a real right and the object of that right distinguishes it from personal rights, where the holder does not have a direct relationship with the object of the obligation.

Actionable Advice:

• 1. Understand the Budgetary Process: Familiarize yourself with the budgetary process in your organization or country. Gain knowledge of the principles and objectives guiding budget proposals and adjustments.

• 2. Advocate for Equilibrium: Encourage a balanced budget within your organization or advocate for responsible fiscal management in your country. Emphasize the importance of maintaining financial equilibrium to prevent long-term consequences.

• 3. Seek Legal Guidance: If you are involved in a legal matter related to budgetary principles or real rights, seek legal advice from professionals specializing in these areas. They can provide tailored guidance based on your specific situation.

Conclusion:

The interconnection between budgetary principles and real rights may not be immediately apparent, but a closer examination reveals their underlying relationship. By understanding the budgetary process, advocating for equilibrium, and seeking legal guidance when needed, individuals and organizations can navigate this intersection effectively. The harmonious collaboration between budgetary principles and real rights ultimately contributes to the overall stability and proper functioning of legal systems and societies.