Rights in rem
The law of property governs who (as a legal person) may exercise control over legal objects and in what form, and in particular who has what rights over property and under what conditions. If an object is legally attributed to a person, that is, forms part of that person’s assets, that person has direct control over that object, which is legally enforceable against any person.
The law assigns such things to individuals in the form of rights which a person is entitled to in respect of a thing, irrespective of certain other persons. These rights in rem are referred to as ‘rights in rem’. By contrast, ‘personal’ rights in rem do not constitute claims to control over objects, but rather contractual claims between persons, under which one person is obliged to perform a duty towards the other.
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