The new real rights: an affectation to the principles of the numerus clausus system

Abstract

The new Civil and Commercial Code, as a response to the needs of a modern society, establishes new forms of ownership as autonomous real property rights. The controversy regarding these concepts’ legal nature dates back to old times; and the new Civil and Commercial Code ends this discussion. Therefore, we shall observe, in the first place, the antecedents to these new forms of ownership, what legal theory and precedent have declared as to their nature, in order to analyze how they are then stated in the new law. While their acceptance is admissible, the way in which they have been accepted is not; as I I understand that such way infringes upon the numerus clausus system dominant in the subject, causing a distortion of the general principles of real property rights, object which will be specially studied herein.