Understanding Real Rights and Human Dignity

Understanding Real Rights and Human Dignity

Introduction:

In the realm of civil law, the concept of "derechos reales" or real rights holds significant importance. These rights, as defined by the Civil Code, encompass four faculties: use, enjoyment, disposition, and vindication. However, it is important to note that the owner's faculties are not limited to these four alone. In any legal relationship, it is crucial to recognize that it is always between two or more individuals and not between individuals and objects. With this in mind, it becomes evident that the classification of subjective rights into three main groups: personal rights, family rights, and patrimonial rights, is crucial. Real rights fall under the category of patrimonial rights and distinguish themselves from personal or credit rights. Let us delve deeper into the intricacies of real rights and their significance in our legal systems.

Real Rights: A Direct Relationship with Objects:

Real rights, known as "jus in re," establish a direct connection between the right holder and the object itself. This distinction becomes clear when contrasting it with personal rights, where the right holder does not possess a direct relationship with the object of the obligation. For instance, in a loan agreement, the creditor, although entitled to the repayment, cannot directly appropriate the money owed. The creditor holds a "jus ad rem," a right against the debtor to fulfill their obligation. Unlike the direct relationship in real rights, three elements come into play in personal rights: the creditor, the debtor, and the obligation that binds the debtor to the creditor.

Human Dignity and Real Rights:

The intertwining of real rights and human dignity becomes evident when we consider the notion of "derechos reales" within the broader context of legal systems. By recognizing real rights as a subset of patrimonial rights, which encompass economic content, we acknowledge their impact on individuals' lives and well-being. Real rights provide individuals with the means to exercise control over assets, properties, and resources. This control translates into economic security, personal autonomy, and the ability to pursue one's goals and aspirations. In essence, real rights serve as a foundation for fostering human dignity and ensuring that individuals have the necessary tools to lead fulfilling lives.

Lessons from History:

History often sheds light on the importance of upholding human dignity and the consequences of failing to do so. During the dark period of the Panamanian dictatorship, the adoption of an ignominious motto, inspired by Anastasio Somoza García's regime in Nicaragua, stands as a stark reminder of the treatment individuals should never endure. The motto, "Al enemigo, plomo; al indiferente, palo y al amigo, plata" (To the enemy, lead; to the indifferent, stick; and to the friend, silver), exemplifies the degradation of human worth and the erosion of rights. It serves as a haunting reminder that societies must strive to protect human dignity and ensure that no individual is subjected to such dehumanizing treatment.

Connecting the Dots:

Although seemingly disconnected, the concepts of real rights and human dignity share a common thread. Real rights provide individuals with the legal framework to exercise control over their properties and resources, thereby enabling them to lead dignified lives. By upholding and respecting real rights, societies can safeguard human dignity and protect individuals from exploitation and abuse. It is through the recognition and enforcement of real rights that individuals can thrive and contribute to the betterment of society as a whole.

Actionable Advice:

• 1. Promote Legal Literacy: Enhancing awareness and understanding of real rights among individuals is essential. Governments, legal institutions, and educational systems should prioritize legal literacy programs to empower individuals with knowledge about their rights and responsibilities.

• 2. Strengthen Legal Protections: Governments should continually review and update legal frameworks to ensure the effective protection of real rights. This includes addressing any gaps or inconsistencies in the legislation and implementing measures to prevent abuse and infringement of these rights.

• 3. Foster Collaboration: In order to create an environment conducive to the protection of real rights and human dignity, collaboration between various stakeholders is crucial. Governments, civil society organizations, and legal professionals should work together to promote and enforce real rights, thus fostering a just and equitable society.

Conclusion:

Real rights, as an integral part of patrimonial rights, play a significant role in our legal systems. By providing individuals with the means to exercise control over their properties and resources, real rights contribute to the preservation of human dignity. Understanding the importance of real rights and their connection to human dignity allows us to appreciate the significance of upholding and protecting these rights. Through legal literacy, strengthened legal protections, and collaborative efforts, we can ensure that real rights serve as a cornerstone for the well-being and empowerment of individuals within society. By doing so, we can strive towards a more just and equitable future.