Erga omnes
Towards all
A Latin term referring to rights or obligations that are binding on or enforceable against everyone, and not merely between the parties directly concerned.
Erga omnes is a legal concept derived from Latin, literally meaning “towards all”. It is contrasted with the concept of inter partes and denotes legal effects that are not limited to the contracting parties or the parties to proceedings, but which operate vis-à-vis third parties or the legal community as a whole.
In Dutch law the term is used principally in connection with absolute rights, such as ownership, intellectual property rights and certain statutory obligations. These rights may be asserted against any person who infringes them, irrespective of the existence of a contractual relationship.
In practice, the concept serves to indicate that a judgment, a contractual provision or a statutory rule produces effects extending beyond the parties immediately concerned, for example in the enforcement of human rights or in relation to property rights that are enforceable against third parties.
“The right of ownership operates erga omnes, enabling the owner to recover the property from any person in possession thereof without legal title.”
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