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
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
. 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
In legal terminology, rights or obligations are owed toward all. is a Latin phrase which means "towards all" or "towards everyone". For instance, a property right is an entitlement and therefore enforceable against anybody infringing that right ...
''). The primary real right is
ownership
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...
(''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
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 f ...
s, 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 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 m ...
s, real burdens,
land charge,
rentcharge,
emphyteusis,
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
Usufruct () is a limited ius in re, real right (or ''in rem'' right) found in Civil law (legal system), civil law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'':
* ''Usus'' (''use'', as in usage of or a ...
".
See also
*
Ius
*
Property law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...
References
Black's Law Dictionary (Second Edition 1910) (public domain)
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Latin legal terminology