LA PRODUCCIÓN DE DERECHOS DE PROPIEDAD: PANORAMA HISTÓRICO.

Abstract

It is a cliché to say there are no loans without collateral, but one might also add that there is no solid real collateral without secure property rights. No, it is no easy feat to generate secure property rights, especially if, as happens today, property rights are supposed to be created under simple contracts. A contract's efficacy is restricted to its parties, but the whole point of inrem rights is to work to the disadvantage of third parties. That is why the «passage» from contract to in-rem right would be impossible if we didn't have a series of supporting organisations or systems designed to facilitate the extension to outside third parties of the efficacy of acts that are, in origin, only binding to their parties. To endeavour to explain, briefly and simply, the comparative advantages of the different organisations or systems most widely used for this purpose in comparative law is the object of this paper.