Ius in re
Encyclopedia
ius in re, under Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

, more commonly referred to as a real right or right in rem
In rem
In rem is Latin for "against a thing." In a lawsuit, an action in rem is directed towards a piece of property rather than against a person . The action disputes or seeks to transfer title to property. When title to real estate In rem is Latin for "against a thing." In a lawsuit, an action in rem...

, is a right in property, known as an interest under common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

. A real right vests in a person with respect to property, inherent in his relation to it, and prevails against all the world. The primary real rights are ownership (freehold, leasehold, commonhold) and possession. Subordinate real rights generally refer to encumbrance
Encumbrance
Encumbrance is legal technical terminology for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are encumbrances...

s and beneficial interests. Compare jus ad rem
Jus ad rem
Jus ad rem is a Latin 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...

.
  • jus in re propria. The right of enjoyment 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
    Servitude in civil law
    A servitude is a beneficial interest detaching some of the rights in some particular property that do not affect possession but concern uses by another and conferring those rights either on some person other than the owner or on some other property...

     and security interest
    Security interest
    A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt. It gives the beneficiary of the security interest certain preferential rights in the disposition of secured assets...

    s.


Maxims:
  • ius in re inhaerit ossibus usufructarii "A real right attaches to the usufructuary".
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