What is the right to dispose in civil law?
The property or dominion is a direct and immediate power over a thing, which attributes to its holder the capacity to enjoy and dispose of the thing without any limitations other than those established by law. It is the real right that implies the exercise of the legal powers that the legal system grants over a good. The right of ownership covers all those goods that are owned by the owner.
The right of ownership covers all those material goods that can be appropriated, of utility, of limited existence and that can be occupied. However, the domain is not only limited to tangible things, but also applies to incorporeal things such as industrial or intellectual property rights. The right of ownership is not only limited to tangible things, but also applies to incorporeal things such as industrial or intellectual property rights. The right of ownership is not only limited to tangible things, but also to incorporeal things such as industrial or intellectual property rights.
the real right in a corporeal thing to enjoy and dispose of it arbitrarily; not being against the law or against the right of others. The property separated from the enjoyment of the thing is called mere or bare property.
It is usually considered that the right of full ownership comprises three main faculties: use (ius utendi), enjoyment (ius fruendi) and abuse (ius abutendi), a distinction that comes from Roman law or its medieval reception. The conception of property in a subjective sense, as a synonym of faculty or attribution corresponding to a subject, is also of Roman origin.
To have time which means
Apud acta: Judicial acts that are recorded by minutes attached to the proceeding in question (a very frequent example will be the power of attorney by means of the appearance of the interested party before the court clerk).
Free Legal Aid: The right of persons lacking sufficient economic means to have the State assume the expenses derived from judicial proceedings (expenses of lawyers, attorneys and other professionals; costs of carrying out tests, etc…).
Attestation: Document issued by the judicial police and containing the finding of a fact, investigations carried out and any other police proceedings aimed at the investigation of a criminal act.
Auto: Reasoned judicial resolution. Form to be adopted by the judicial resolution when deciding on appeals against orders, incidental questions, procedural budgets, nullity of proceedings, i.e., when no sentence is required.
Cassation: Extraordinary appeal filed before the Supreme Court against resolutions or sentences handed down in the Provincial Courts and, in certain cases, in the National Court.
To dispose in law
In one of its meanings, the verb disponer means ‘to possess something’ or ‘to be able to make use of something’ and is constructed as someone/something disposes of someone/something, as we see in these examples, correctly formed:
When forming the compound sentence, edificios is replaced in the subordinate by the relative pronoun (los) que (the article is optional, but that is another matter). The relative has the function of introducing the subordinate clause. It is the hinge on which the syntax of the whole sentence turns. But it does not lose its condition of complement of the verb disponer and, as such, it requires the preposition:
Traditionally, the power of attorney was included within the capacity to dispose or to act. But nowadays, thanks to the work of the Italian and German doctrine, a clear differentiation is imposed; because while the capacity to dispose is only a quality of the person, the power to dispose implies a concrete relation with the right that is disposed of, a faculty. It can certainly happen that a person has the power of disposition and does not have the capacity to dispose, and, conversely, that a person with full legal capacity lacks such power in relation to a certain right or with respect to a specific asset.
The power of disposition refers to a power recognized to the subject in relation to the object of a specific legal relationship (expressed in rights and specific assets), to act such object with legal effectiveness. The power of disposition is not an autonomous power, but is determined by a special situation in which the subject finds itself in relation to the object of the disposition, which the Italian doctrine calls substantive standing (to differentiate it from procedural standing or capacity to sue and be sued; the Anglo-Saxon standing). Its importance becomes important ex post facto, since, being normal the existence of the power of disposition, the ineffectiveness of the act performed is originated as a consequence of the non-existence of such power in the act or business to be analyzed.