The goods and their classification according to the Civil Code
INTRODUCTION:
The goods are necessary and important for people, because they allow to meet the different needs of the person and their family, it also allows society to generate economic income that in a way the State benefits from the contributions generated by the goods for the purposes ofDomain transfer.
Good is everything that the human being can appropriate and generate a legal relationship, the goods are those things that the person attributes it as their own or of their property, which is the object of rights and that the law considers as such. The legal norm of our country, the Civil Code to the goods classifies them in bodily and incorporation goods, that is, in material or immaterial things, differentiating them from each other. Body those who can be perceived by the senses: touch, taste, smell, hearing and sight, and the incorporations are intangible and can be perceived by intelligence, an example of these goods would be the rights would be the rights.
DEVELOPING:
Confusion has been generated regarding what is concerned and well, for many it means the same, however, there is a big difference. The thing is defined by the Royal Spanish Academy as: "material object, in opposition to the rights created on him and personal benefits". While good according to the Royal Spanish Academy refers to: "material or immaterial things as objects of law".
Therefore, there is a difference between these two words, being the material thing, what can be touched, what exists in nature and good constitutes something that man can appropriate, to do it with the purpose of satisfying certain needs.
For Avendaño cited with respect to the goods, he points out that: “The goods are the object of real rights. It is all entity, material or immaterial, which is taken into consideration by law, as long as it constitutes or can constitute the object of legal relations ”. Therefore, the goods correspond to the real rights that a person has on a material or immaterial good, consequently these assets are of a pecuniary nature, which brings with it a benefit for the owner.
Regarding the assets, the Civil Code as the legal basis responsible for regulating the different provisions in this area of Civil Law, for which article 583 regarding the assets indicates that: "goods consist of bodily or incorporeal things". The Civil Code does not emphasize a definition with respect to the goods, but indicates a classification of goods in: bodily or incorporeal.
The Civil Code in article 583 of the second subsection states that body goods "are those that have a real being and can be perceived by the senses, such as a house, a book". It refers to everything we can perceive, palpate, touch, allow the senses to check their existence, is composed of matter. Body goods according to article 584 Ibid, "are divided into furniture and immovables".
Being the furniture goods those goods of nature, which can be moved or transported from one place to another, whether on their own as in the case of animals and those that need extra help to mobilize. In this regard, article 585 of the Civil Code cites that the “furnitureexternal force, like inanimate things ".
The Civil Code Article 586, regarding real estate bodily goods, indicates that they are “real estate, farms or real estate are the things that cannot be transported from one place to another, such as land and mines, and those that permanently adhere to them, such asbuildings and trees ". By virtue of what the Code points out I can mention that real estate are those that by their condition cannot be moved or moved from one place to another, for example a house or land, these real estate has as its main characteristic that they are attachedto the surface permanently.
Body real estate are classified as: “Properties by their nature;real estate due to adhesion or material incorporation;real estate for intellectual destination or incorporation;and, property for the object which falls the right ". The properties by their nature are those that are naturally arranged in that place, they have a fixed location in the territory, in case a natural phenomenon such as earthquake, flood or any other natural event of this nature occurred, it does not affect its characteristic of their characteristic ofEarth property. The real estate by adhesion are those that their owner or owner adhered to a permanent surface, these goods cannot be mobilized or separate without detriment or deterioration, in this regard, article 586 ibid mentions that the goods by adhesion are the “the“ the “the“ the “the“ the “the“buildings and trees ".
Real estate by destination: "real estate are reputed, although by nature they are not, the things that are permanently destined to the use, cultivation or benefit of the property, however that they can separate without detriment".
Incorporal goods are those goods that are intangible, that is, they cannot be touched, they are those that have no physical existence and can only be perceived in a mentally and intellectual way. The Civil Code regarding the incorporeal things in article 594 mentions that "they are real or personal rights".
The real right is that right that is granted to its right holder a power directly and immediately on a good or thing, which can be valid in front of others, for example, the inheritance. Article 595 Ibid, states that: “Of these rights, real actions are born.”The elements of real law are: the thing or the law holder and the universal taxpayer.
Personal rights or calls are those that imply a legal link between two or more people;Personal rights involve the following elements: the debtor, who is obliged to give or deliver something in favor of others;The creditor and the benefit. Personal rights "are born from personal actions", while "action is the right that individuals have to attend the courts of justice, in defense of a right that they have or believe they have". As indicated by the Civil Code the actions acquired by a person are personal and not against third parties.
CONCLUSION:
The goods contribute and contribute in the personal and economic satisfaction of the person, are those that are the object of award and that are part of the set of goods that form the assets of both natural and legal persons. The Civil Code classifies the goods into: bodily and incorporeal.
Body goods are those that are noticeable through the senses, are all those that we can feel and visualize. This kind of goods are subdivided into movable and immovable property. The furniture is all those goods that can be transported from a place, naturally or by some outside means, without affecting their structure. Real estate are those that have no movement, in case of moving them would cause deterioration to good, those that are necessarily permanently in a specific place, such as a house, a tree, or the sowings.
The assets in our country are regulated in the norm of the Ecuadorian Civil Code, whose legal system is responsible for regulating the rights and guarantees that both the State and citizenship must carry out for the benefit of society that requires compliance with the law.
Bibliography
- National Assembly. (2019, June 8). Civil Code. Official Registry Supplement 46 of June 24, 2005.
- Ayala, j., & Lara, D. (s/f). Ecuador and patrimonial rights (Printing of the Presidency of the Republic of Ecuador Ed.). Quito: Academy brochures No. 5. Obtained from Academy Brochures No. 5.
- Good. Dictionary of the Royal Spanish Academy. (s/f). Obtained from https: // dle.RAE.is good
- Stuff. Dictionary of the Royal Spanish Academy. (s/f). Obtained from https: // dle.RAE.it’s a thing
- Solis Cordova, M. (2018). Thing and well: conceptual differences. Obtained from https: // doi.org/10.33539/lumen.2013.N9.518
- State university of miracle. (2019). LEGAL REGIME OF GOODS. Of the various kinds of goods. Obtained from https: // sga.Unemi.Edu.EC/MEDIA/RESOURCES/DOCUMENT_20330223427.PDF
- Vargas, l. (September 12, 2014). Rights that can be given. Retrieved on December 30, 2020, from Ecuador Law.com: Obtained from: https: // lawcuador.com/RIGHTS-WHAT-CAN-CEDER#: ~: text = the%20cosas%20o%20bienes%20incorporales, active%2c%20los%20Dechos%20y%20Acciones.& Text = the%20cosas%20incorporales%20se%20DIVIDEN, and%20Personal%2C%20Muebles%20e%20InMuebles.
- Controlled format: FR0012/ V1.1 / 11-05-2020
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