Real Property Law versus the Law of Obligations. The effectiveness of Real Property Law over personal rights – Current affairs of Private Law

Abstract

In this study, we begin by distinguish between the Law of Obligations and the Real Property Law. Furthermore – considering the various theories adopted, throughout of history, about the distinguish real rights from personal rights‑, we defend renewed realist theory that integrate into the concept of real right the real obligations. Finally, we take position about the nature of the real charges, of the right of the future buyer in the preliminary contract with erga omnes effectiveness and of the preference right with erga omnes effectiveness.