Real estate law consists of the part of the law that applies to rights in REM, real estate contracts, urban law, notarial and registry law. Real estate law is a transversal subject that is based on the Constitution, the Civil Code and its Complementary Legislation and the Civil Codes of the Autonomous Communities, using the Civil Law (part of contracts), taxation, urban development area, notary and registry law, and combining private and public law.
Real estate law essentially regulates real estate transactions and the legal regulation of real estate, rights in REM, as well as legal transactions that may affect them.
Consequently, its purpose is the regulation of real estate, and it should be noted that it includes both ownership right and the rights in REM, as well as the different legal transactions that may be involved.Basically, the purpose of Real Estate Law is the property, that is to say, residences or business establishments, terrains, etc.
Rights in REM: is the right that regulates the goods, that is, it tells us the powers that can be exercised over the goods by the holder of the right, whatever the ownership of those goods. It is the immediate power over the thing that, consequently, its owner can claim against anyone..
They are mainly divided into two main groups:
The right to property is the broadest power recognized by the legal system over a thing, which is defined by the meeting of three powers: to enjoy a thing, to dispose of it and to claim it.
From the property derives the Right of Access, which implies that one is entitled to what the goods produce, or what is attached to them or incorporated into them, either naturally or artificially.
These are rights that restrict one' s right of ownership. They include rights of enjoyment, guarantee rights and acquisition rights.
Another great right in REM within the rights in REM is the right of possession, which gives an immediate right to the thing and to be reintegrated into that right and not to be disturbed. The great issues within right of Possession would be: rentals and occupation.
If you have a property-related issue, or a limitation of ownership or right of possession, do not hesitate to contact with IURIUM CONSULTA, as we are experts lawyers in Right in REM with reference to real estate law
The acquisition and sale: includes town planning and registration checks and the deposit and purchase option contracts.
The constitution and administration of communities of owners: a community of owners is a group of owners of the different apartments and business establishments of a building that has been under the legal system of horizontal property.
It regulates both land use and land-use planning and also regulates the legal instruments whereby these activities are carried out.Certain parts of this law are included in the real estate law, such as the grouping or segregation of properties.
If you have a matter of Urban planning law in relation to Real Estate Law, do not hesitate to contact with IURIUM CONSULTA, because we are expert lawyers in Urban Planning Law .
It covers the way and manner in which registry entries are dispatched and what rights can be recorded and how the registration is made.