Subjective rights are prerogatives, i.e. powers,
granted to the subjects of law.
These prerogatives thus benefit an individual and weigh against other
other individuals.
Subjective rights are delimited by objective law.
Definition of Subjective rights: All the advantages
which a person, whether physical or moral, enjoys over a specific person or
or a specific thing. Subjective rights are composed of patrimonial rights and
patrimonial rights and extrapatrimonial rights.
I. Economic rights
A. The notion of patrimony
Definition of patrimony: an indissociable set of rights and obligations of a
rights and obligations of a person which have a pecuniary value
and therefore can be evaluated in money
1. A universality of rights
The patrimony is a universality, which means that it is a
is a single block.
This indissociable block includes assets and liabilities.
2. An emanation of the personality
The classic theory of Aubry and Rau reminds us that all assets always belong to a person
always belongs to a person.
Conversely, every person necessarily has a patrimony, and every person has only one
patrimony, and every person has only one
patrimony.
There are exceptions to this uniqueness of patrimony: for example, in the case of
the case of a trust, where a person transfers his property to a trustee. This
trustee, manages the patrimony while separating it from his own patrimony
patrimony.
Another example is the status of individual entrepreneur with limited liability, which
limited liability, which separates private assets from professional assets.
B. Real rights
Real rights are rights that relate directly to a thing or to the power that a person has over it
the power that a person has over that thing.
1. The main real rights
The main real rights are the right of ownership and the ramifications of this right
of this right.
The right of ownership is the right that gives its holder the total control of
of a property. This control has three aspects:
–usus, which is the right to use the property
– fructus, which is the right to receive the fruits of the
the property
– theabusus, which is the right to dispose of the property, to sell it
to sell it, to remove it.
2. Accessory real rights
Accessory real rights are goods given as security by a debtor to a creditor
by a debtor to a creditor. There are three kinds of accessory real rights
:
– themortgage, a security interest in real property that authorizes a
creditor (the person to whom money is owed) to seize and sell an immovable
building
– the pledge, which consists of a movable asset given to a creditor
given to a creditor by a debtor to secure a debt
– privileges, which give preference to certain creditors
creditors rather than others
3. The attributes of real rights
Holders of real rights may be entitled to :
– a right of resale: a prerogative that belongs to certain creditors
creditors to exercise their rights on a property in any hand where it is
– a preferential right: the prerogative of certain creditors
creditors designated by law to be paid before other creditors.
C. Personal rights
Personal rights are exercised against a person
and not against a thing.
Personal rights establish thata person can
require another person toperformor refrain from
performance orforbearance of a service.
Personal rights do not give rise to a right of resale or a right of preference
preference.
D. Intellectual rights
Intellectual rights are not real rights: they do not relate to a material thing, but to an immaterial
they do not relate to a material thing, but to an immaterial thing.
Intellectual rights give a temporary monopoly of exploitation on
creations of the mind, an intellectual work, and on a commercial clientele
commercial clientele, i.e. a business.
