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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 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 ...
''). 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 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 makin ...
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".


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 one ...
*
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 pro ...


References


Black's Law Dictionary (Second Edition 1910) (public domain)
{{Authority control Latin legal terminology