Ius in re
Right in a thing
Ius in re is a Latin term for a right in rem: a right that confers upon the holder direct and absolute authority over a thing.
Ius in re denotes a right that attaches directly to a thing and may therefore be asserted against all persons. It is distinguished from personal rights by its absolute effect and its independence from a specific counterparty.
In Dutch law, ius in re underpins ownership and limited real rights such as usufruct, emphyteusis and hypothec. This category of rights is essential for the protection of proprietary interests and the order of priority in enforcement proceedings.
In practice, the term is primarily employed in transactions involving immovable property and the creation of security interests, enabling the holder to exercise its powers directly without the involvement of third parties.
“The bank invoked its ius in re to enforce the pledge following the owner’s default.”
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