Los derechos reales de uso, usufructo y habitación y su repercusión en la limitación del dominio.

Abstract

Certainly, the limitation to property rights is one of the most relevant concerns when managing the concessions we make to earch other, it is also irrefutable that the fact that the notarial and registry function plays a transcendental role in daily activities what citizens do The constitution of the rights of use, usufruct and habitation only obeys the Greco-Roman tradition to which we owe for millennia and therefore our legislation is widely accepted. This paper offers a vision of how the constitution of the rights of use, usufruct and room have a direct and direct impact on the limitation of ownership, either by virtue of a contract of sale or donation of real estate, both to the owner and to the holder of the aforementioned rights in rem. The powers of the owner for the existence of such rights are limited within the most identifiable are the impossibility of constituting a loan, anticrésis; considering in this way an imperfect domain, without stopping addressing the consequence of the extinction of real rights in the naked property as it is the consolidation of property as a legal structure. For the most part, this work tries to determine the utility that it provides for those who participate as beneficiaries and as the joint owner in the extinction of the right to use, usufruct and housing the notarial instrumentation so that it has juridical effects with the inscription in the Land Registry. . I advocate in any case for a rapid understanding of the need for a notarial adjective law, which establishes a clear and systematized procedure to extinguish and constitute the real right of use, usufruct and habitation; as well as the other notarial procedures that at the moment depend on the forensic development of each notary.