Modification, Exercise, and Limits of Individual Rights
Modification of Rights
Change in Person (Subrogation)
Subrogation staff: This signifies a change of ownership, leading to a change in the subject of rights and obligations.
Change in the Thing (Subrogation Real)
This involves a change in the object of ownership, impacting associated rights and obligations. This could also include contract renewals with modifications.
Extinction of Individual Rights
This occurs when subjective rights cease to exist entirely.
Causes of Extinction:
- Fulfillment of the contract (e.g., loan repayment)
- Termination of term or condition (e.g., end of a lease)
- Disappearance of the thing (e.g., death of an owned animal)
Sometimes, there’s a loss of a right without complete extinction.
Example:
Expropriation: Property rights still exist but are transferred, not extinguished.
Another cause of extinction is the waiver of a right (a unilateral declaration not requiring another person’s consent).
Example:
You can renounce the right to use something, leading to its disappearance or transfer to another person.
Regarding Withdrawal (Art. 6.2 of the Civil Code):
A waiver is valid as long as it doesn’t harm public interest, public order, or another person. Resignation is a unilateral declaration, meaning the right holder doesn’t need another person’s consent.
Exercise of Rights and Its Limits (Good Faith and Abuse of Law)
The Exercise of Individual Rights:
Right holders are entitled to claim active protection of their rights. Holders of obligations can also be claimed against through extra-judicial or judicial means.
Limits of Law Subjects:
Natural Limits:
These derive from the nature of the law. Rights are not absolute; there are limitations on how property can be used (e.g., building regulations, distance from neighboring properties).
Limits on the Collision of Rights:
This occurs when two rights clash.
Example:
Two individuals claiming ownership of a property with different titles. The law favors the owner with the older, registered title.
Generic Limits:
These apply to all rights, particularly the principle of good faith.
Art. 7.1 of the Civil Code:
Rights must be exercised in accordance with the requirements of good faith. This is a model of ethical conduct considered socially correct, developed through jurisprudence.
The good faith exception (Exceptio Doli) allows challenging the fulfillment of an obligation or the application of a law if it contradicts good faith.
This principle of good faith is subsidiary, applied when no other standard exists to resolve a dispute.
Sometimes, specific rules define good faith in certain situations:
Example:
Usucapión (Adverse Possession): In Catalonia, good faith is not considered, unlike in Spain where it is. In Spain, good faith assumes the possessor believed they were the rightful owner.
Abuse of Law (Used Subsidiarily)
This refers to an act or omission protected by law but exceeding normal limits, harming a third party (Art. 7.2 of the Civil Code). Legal action can be taken to prevent abuse of law.
Remedies for abuse of law include compensation, cessation of the harmful behavior, or actions to mitigate damages.
Example:
A landowner can create a garden, but if it’s intentionally positioned to disturb a neighbor, it could be considered an abuse of law.
Time Limits of the Exercise of Rights (Prescription and Expiry)
Prescription:
Acquiring Prescription (Usucapión):
Acquisition of a right through continuous, peaceful, public, and uninterrupted possession over time.
Extinctive Prescription:
Extinguishment of the right to claim an individual right due to the passage of time. This prevents legal uncertainty.
Rights Not Subject to Prescription:
- Declaration of inheritance (if unclaimed)
- Action for division of common property
- Partition of inheritance
- Elevation of a private deed to a public document
- All rights of an unavailable character
Key Difference Between Prescription and Expiry:
Prescription is not automatically observed by courts, while expiry is. Judges can only dismiss a claim based on prescription if alleged by a party.
Prescription can be interrupted by a claim for fulfillment, restarting the limitation period.
Allegation of Prescription:
The person with a legitimate interest, such as the debtor or someone affected by the potential extinction of the obligation, can allege prescription.
Suspension of Prescription:
During the suspension period, the limitation period is paused and resumes after the cause for suspension ends.
Suspension is allowed in Catalan Civil Code but not in Spanish Civil Code.
Causes for Suspension:
- Force majeure: The entitled person is unable to act due to unforeseen circumstances in the six months preceding the deadline.
- Minority or incapacity without legal representation.
- Claims between spouses.
- Claims between parents and children until the child reaches legal age.
- Claims involving guardians or curators while caring for a minor or incapacitated person.
- Claims among inheritors until the inheritance is accepted.
Suspension must be alleged by the party, except in cases involving minors or incapacitated persons.
Limitation Periods (Art. 121-122 of the Catalan Civil Code):
These can be modified by agreement if the law allows, within limits (double or half the legal period).
The limitation period starts from the moment the benefit is due or the circumstances allowing action are known.
If a person is unaware of their right to compensation, the prescription period is 30 days from the moment they become aware.