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Real Right
Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right '' in rem'', is a right in property, known as an interest under common law. 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''). 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'' 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person is loaned money from a bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'', as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', as in the fruits of production) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ius In Re Inhaerit Ossibus Usufructarii
''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 one went to the law courts to sue for one's rights, ''ius'' also meant justice and the place where justice was sought. On the whole, the Romans valued their rights as the greatest good of Roman citizenship (''civitas romana''), as opposed to citizenship in other city-states under the jurisdiction of Rome but without Roman rights. Outsiders (''peregrini'') and freedmen (''libertini'') perforce used Roman lawyers to represent them in actions undertaken under the jurisdiction of Roman law. Representation was one of the civic obligations (''munera'') owed to the state by citizens. These ''munera'' (on which account the citizens were ''municipes'') included military service as well as paying taxes, but specialized obligations might also be associated with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 transaction with a third party. A first refusal right must have at least three parties: the owner, the third party or buyer, and the option holder. In general, the owner must make the same offer to the option holder ''before'' making the offer to the buyer. The right of first refusal is similar in concept to a call option. A ROFR can cover almost any sort of asset, including real estate, personal property, a patent license, a screenplay, or an interest in a business. It might also cover business transactions that are not strictly assets, such as the right to enter a joint venture or distribution arrangement. In entertainment, a right of first refusal on a concept or a screenplay would give the holder the right to make that movie first while in rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emphyteusis
(Greek, 'implanting') or emphyteutic lease 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. This type of real estate contract specifying that the lessee must improve the property for the nation or for its population e.g. through construction or a railway service or by farming the land to create produce, as happened in Mauritius where people were starving. The term is commonly used in Quebec, Belgium and France and its ex colonies. These sorts of leases are usually associated with government lands or government properties. History originated in Ancient Greece. In the early Roman Empire, it was initially granted by the state for the purposes of agriculture or development. In essence, it was a long-term lease of an imperial domain for a rental in kind. The title existing before ' was . The ' gave the lease-holder () rights similar to those of a proprietor, although t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rentcharge
In English land law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effecti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Charge
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land surface is almost entirely covered by regolith, a layer of rock, soil, and minerals that forms the outer part of the crust. Land plays an important role in Earth's climate system, being involved in the carbon cycle, nitrogen cycle, and water cycle. One-third of land is covered in trees, another third is used for agriculture, and one-tenth is covered in permanent snow and glaciers. The remainder consists of desert, savannah, and prairie. Land terrain varies greatly, consisting of mountains, deserts, plains, plateaus, glaciers, and other landforms. In physical geology, the land is divided into two major categories: Mountain ranges and relatively flat interiors called cratons. Both form over millions of years through plate tectonics. Streams – a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Servitude In Civil Law
A servitude is a qualified beneficial interest severed or fragmented from the ownership of an inferior property (''servient estate'') and attached to a superior property (''dominant estate'') ''or'' to some person (''personal beneficiary'') other than the owner. At civil law, ownership (''dominium'') (e.g. of land) is the only full real right whereas a servitude is a subordinate real right on par with wayleaves, real burdens (i.e. real covenants), security interests, and reservations. There are two types: ''predial'', attaching to property, and ''personal'', attaching to a person. A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled (''negative servitude'') or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist (''positive servitude''). Servitudes arise from ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
In law, ''in rem'' jurisdiction ( Law Latin for "power about or against 'the thing) is a legal term referring to 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'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Ad Rem
Jus ad rem is a Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ... term of the civil law, meaning "a right to a thing:" that is, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other person. It is thus distinguished from '' jus in re'' which is a complete and absolute dominion over a thing available against all persons. :The disposition of contemporary civil law jurists is to use the term ''jus ad rem'' as descriptive of a right without possession, and ''jus in re'' as descriptive of a right accompanied by possession. Or, in a somewhat wider sense, the former denotes an inchoate or incomplete right to a thing; the latter, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Encumbrance
An encumbrance is a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value). Encumbrances can be classified in several ways. They may be financial (for example, liens) or non-financial (for example, easements, private restrictions). Alternatively, they may be divided into those that affect title (for example, lien, legal or equitable charge) or those that affect the use or physical condition of the encumbered property (for example, restrictions, easements, encroachments).Fillmore E. Galay et al., '' Modern Real Estate Practice in Illinois'', 4th edn. (Chicago: Dearborn Real Estate Education, 2001), 107. Encumbrances include security interests, liens, servitudes (for example, easements, wayleaves, real covenants, profits a prendre), leases, restrictions, encroachments, and air and subsurface rights. Jurisdictions Hong Kong In Hong Kong, there is a statutory definition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
