Discuţii despre titularitatea drepturilor reale. (I) Un balans istoric: de la subiectul „supra interindividual” la subiectul „titular”

Rezumat

The ownership of the rights represents a basic component of continental civil law, and, even it is a mainly doctrinal figure, it is scarcely explained. Every time when arises a debate upon the relationship between an individual and his rights, the ownership upon the rights provides a legal technique to do so. By excavating the concepts of subjective rights, seen in the light of its development during the ages, it is scarcely difficult to obtain a proper definition of ownership upon the rights. A comparison with the property (concept of absolute control over a corporeal thing) gives to the right’s ownership the weaponry to conceive a real image. The history of ownership and subjective right in civil law traditions has centered around different socio economic realities, during Roman times, medieval and canon law, until the new modern theories would appear.