Real Right v. Personal Right
Real Rights. Rear rights are those that confer upon its holder an autonomous power to derive directly from a thing certain economic advantages independently of whoever the possessor of the thing.
[1] Definite active subject who has a right against all persons generally as an indefinite passive subject
[2] Object is generally a corporeal thing
[3] Generally extinguished by the loss or destruction of the thing over which it is exercised
[4] It is directed against the whole world, giving rise to real actions against third persons.
Personal Rights. Personal rights are those of a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
[1] Definite active subject (creditor) and a definite passive subject (debtor)
[2] Subject matter is always an incorporeal thing
[3] Personal right survives the subject matter
[4] It is binding or enforceable only against a particular person giving rise to personal actions against such debtor.
"Every right has subjects -- active and passive. While the active subject is entitled to demand its enforcement, the passive one is duty-bound to suffer such enforcement." (BPI v. CASA; G.R. No. 149454, May 28, 2004)
[2] Object is generally a corporeal thing
[3] Generally extinguished by the loss or destruction of the thing over which it is exercised
[4] It is directed against the whole world, giving rise to real actions against third persons.
Personal Rights. Personal rights are those of a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
[1] Definite active subject (creditor) and a definite passive subject (debtor)
[2] Subject matter is always an incorporeal thing
[3] Personal right survives the subject matter
[4] It is binding or enforceable only against a particular person giving rise to personal actions against such debtor.
"Every right has subjects -- active and passive. While the active subject is entitled to demand its enforcement, the passive one is duty-bound to suffer such enforcement." (BPI v. CASA; G.R. No. 149454, May 28, 2004)
