Intrinsic and Extrinsic Limits of Subjective Rights: Spanish Law Analysis

Posted on Nov 29, 2024 in Law & Jurisprudence

Intrinsic Limits of Subjective Rights

The limits of subjective rights are divided into intrinsic and extrinsic.

Intrinsic Limits

Intrinsic limits are inherent to the nature of law. These include:

  • Limits from the nature of law itself: For example, Articles 767 and 1768 of the Civil Code (CC). Article 1768 governs the right to deposit, meaning a landlord cannot use the deposited item.
  • Limits resulting from good faith: Article 1258 of the CC requires creditors to exercise their rights within the bounds of good faith and social mores.
  • Limits due to taxes, social or economic destiny, or abuse of rights: Abuse of law occurs when its exercise is anti-social or goes against its intended purpose. For example, a neighbor building an excessively high fireplace solely to obstruct another neighbor’s view.

Doctrines on Abuse of Rights

  1. Subjective Theory: A right holder cannot act detrimentally to another without a vested interest.
  2. Objective Theory: Abuse of rights lies in abnormal exercise contrary to the law’s social or economic purpose, rather than intention.

Abuse of rights exists if exercised with a social purpose differing from the right’s nature. The first recognition of abuse of rights in Spanish law was in a 1944 statement, concerning a company’s right to obtain sand from a beach. This established requirements for abuse of rights:

  1. Use of a right.
  2. Damage to a right not protected by a specific legal prerogative.
  3. Immorality or antisocial behavior causing such damage.

This doctrine is now in Article 7, paragraph 2 of the Civil Code. Requirements for abuse include:

  1. Action or Omission: Article 7(2) covers both positive acts and omissions.
  2. Exceeding Normal Limits: “Normal” is defined by custom, not just legal limits.
  3. Antisocial Acts: Determined by the author’s intention, excessive use, circumstances, or antisocial damage to a third party (material or moral).
Consequences of Abuse of Rights
  1. Compensation for the injured party (Articles 1902 et seq. CC).
  2. Measures to stop the abuse (legal action, seizure, administrative measures).

Doctrine of Own Actions

This jurisprudential principle, based on good faith (Article 7 CC), states that actions contradicting one’s own prior behavior are unlawful. Requirements:

  1. Consistent behavior.
  2. Unwarranted change in conduct.
  3. Injury to a third party.

Extrinsic Limits

  1. Protection of third parties in good faith.
  2. Collision of rights: When multiple rights holders claim the same object. Preference is usually given to real rights (e.g., mortgages).

Protection of Subjective Rights

  1. Private Guardianship: Exceptions where individuals can defend their rights privately (e.g., state of necessity, legitimate defense).
  2. State Protection: Judicial bodies protect rights (Article 117(3) of the Constitution; Article 4 recognizes legal protection as a fundamental right).

Study of Prescription and Limitation

Importance of Time in Legal Relations

Time affects legal relations (e.g., acquiring capacity at 18, acquisitive prescription/usurpation, priority, applicable law). Time computation can be civilian (every day) or procedural (excluding weekends and holidays).

Statute of Limitations

Article 1930 CC distinguishes between acquisitive and extinctive prescription. Both require time and aim for legal certainty. Acquisitive prescription requires positive behavior; extinctive prescription involves a negative behavior (failure to act). Extinctive prescription applies to all personal and real rights (except as noted in Article 1965 CC – no prescription between heirs or co-owners for partition/demarcation).

Requirements for Extinctive Prescription

  1. An exercisable right.
  2. Lack of exercise by the holder.
  3. Passage of time determined by law.
Time Limits
  • Real Actions: 6 years for movable property, 30 years for immovable property (mortgage actions: 20 years; possessory actions: 1 year).
  • Personal Actions: 5 years for periodic benefits (rent, food), 3 years for services (lawyers, pharmacists), 15 years for general cases.

Limitation periods can be interrupted judicially or extrajudicially.

Expiry

Expiry occurs when the law or individuals set a fixed term for a right’s duration. After that term, the right cannot be exercised.

Difference between Statute of Limitations and Expiry

  1. Expiry can arise from law or will; prescription is always legal.
  2. Prescription assumes abandonment; expiry sets a predetermined exercise period.
  3. Prescription applies to individual rights generally; expiry applies to specific rights.
  4. Prescription can be interrupted; expiry cannot.
  5. Expiry is appreciable automatically; prescription must be invoked.
  6. Prescription protects individual rights; expiry protects public interest.

Example: The right of withdrawal in regulated sales has a 9-day expiry period (calendar days).