Jus in rem, a Latin term, denotes the right to a property or asset. This legal right can be enforced against any individual who attempts to disrupt it. It is alternatively referred to as a real right or a right in rem.
Jus in rem, a Latin term meaning “right against a thing,” refers to a legal right that an individual possesses over a particular property or item. This right can be enforced against anyone who interferes with it. For instance, if you own a house, you have jus in rem over that property, granting you the legal authority to use, sell, or transfer it as you wish. Anyone who attempts to impede upon your right can be held accountable. Similarly, if you hold a patent for an invention, you have jus in rem over that invention, granting you the exclusive right to produce, utilise, and sell it. Those who infringe upon your patent can be subject to legal action. These examples demonstrate how jus in rem provides individuals with a legal right over a specific property or item, which can be defended against those who attempt to interfere with that right.
Jus In Rem is a Latin term that refers to a legal right or claim that is enforceable against the whole world, rather than just against specific individuals.
Examples of Jus In Rem rights include property rights, such as ownership of land or intellectual property, and certain rights in rem over movable assets, such as a mortgage or a lien.
Jus In Rem is a right that is enforceable against anyone, regardless of their identity, while Jus In Personam is a right that is enforceable against a specific person or entity.
Yes, Jus In Rem rights can be transferred or assigned to another person through legal mechanisms such as sale, inheritance, or assignment.
Yes, Jus In Rem rights can be extinguished or terminated through various means, such as abandonment, expiration of a time limit, or fulfillment of certain conditions.
Yes, Jus In Rem rights can be enforced internationally, as they are recognized and protected by various international treaties and conventions.
Remedies for violations of Jus In Rem rights may include monetary damages, injunctions, specific performance, or the return of the property or asset in question.
In some cases, Jus In Rem rights can be waived or waived off through a voluntary and informed agreement between the parties involved. However, certain Jus In Rem rights may be protected by law and cannot be waived.
No, Jus In Rem rights are not absolute and can be subject to limitations imposed by law, public policy, or the rights of others.
To protect your Jus In Rem rights, it is advisable to consult with a legal professional who can provide guidance on the specific laws and regulations applicable to your situation. Additionally, ensuring proper documentation, registration, and compliance with legal requirements can help safeguard your Jus In Rem rights.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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