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Personal rights

What are personal rights?

Personal rights are those that are held against another person, who has the obligation to comply with a certain benefit. They are based on a legal relationship between the creditor and the debtor, and can only be demanded between them.

For example, a couple separates and they have a child together. After the separation, the parent who does not have custody of the child has a legal obligation to provide the necessary financial support for the child. This alimony is a personal right that the child has.

It is a right that:

  • One has it face another person, who has the obligation to comply.
  • It is relative, since it can only be effective against the debtor and his heirs.
  • It is temporary, since it can be extinguished by the fulfillment of the benefit, by the passage of time or by other legal causes.
  • It is a subjective right, since it depends on the will of the parties that establish the legal relationship. It does not derive directly from the law, but from the contract or from the fact that gives rise to the obligation.

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