Ius in re, or jus in re, under
civil law
Civil law may refer to:
* Civil law (common law), the part of law that concerns private citizens and legal persons
* Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law
** Private la ...
, more commonly referred to as a real right or right ''
in rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have '' in personam'' juris ...
'', is a right in property, known as an interest under
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
. A real right vests in a person with respect to property, inherent in his relation to it, and is good against the world (''
erga omnes
''Erga omnes'' is a Latin phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' rights or obligations are owed ''toward all''. For instance, a property right is an ''erga omnes'' entitlement, and therefore e ...
''). The primary real right is ownership (''dominium'') (freehold, leasehold, commonhold). Whether possession (''possessio'') is recognized as a real right, or merely as a source of certain powers and actions, depends on the legal system at hand. Subordinate or limited real rights generally refer to
encumbrances, rights of use and security interests. The term right ''
in rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have '' in personam'' juris ...
'' is derived from the action given to its holder, an actio in rem. In Latin grammar the action against the thing demands a fourth case. The underlying right itself, ius in re, has a fifth case, as the right rests on, or burdens, the thing. By mistake the common law terminology now uses the fourth case for describing the right itself. Compare
jus ad rem.
*jus in re propria – the right of enjoyment (i.e., the right to use the property in any legal manner) which is incident to full ownership or property, and is often used to denote the full ownership or property itself.
*jus in re aliena, or encumbrance, which includes
servitudes,
security interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the ''collateral'') which enables the creditor to have recourse to the property if the debtor defaults in maki ...
s, real burdens,
land charge,
rentcharge,
emphyteusis
Emphyteusis (Greek: implanting) is a contract for land that allows the holder the right to the enjoyment of a property, often in perpetuity, on condition of proper care, payment of tax and rent. The right encompasses assignment and of descent.
His ...
,
right of first refusal
Right of first refusal (ROFR or RFR) is a contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into that transactio ...
; land leased by another who holds title of property.
Maxims:
* : "A real right attaches to the usufructuary".
See also
*
ius
__NOTOC__
''Ius'' or ''Jus'' (Latin, plural ''iura'') in ancient Rome was a right to which a citizen (''civis'') was entitled by virtue of his citizenship ('' civitas''). The ''iura'' were specified by laws, so ''ius'' sometimes meant law. As on ...
*
Property law
References
Black's Law Dictionary (Second Edition 1910) (public domain)
{{Authority control
Latin legal terminology