What Is The Concept Of Right In Rem?
The Concept of Right in rem:
The theories on the determination of the concept of the right in rem can be grouped under three categories
There are two groups. According to the first group, which is the classical view, “a right in rem is a right that provides direct control over something”
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. According to this view, a right in rem is considered as a direct relationship between the property and its owner. Critics of this view argue that there cannot be a legal relationship between a person and an object, and that the object is a legal subject.
They argued that a legal relationship can only be established between individuals and defined the right in rem as “a right over something that can be asserted against anyone (that puts everyone under obligation)” (individualist view)
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. This view has also been criticized on the grounds that it is impossible to speak of the debt of all persons of the same nationality or foreigners in the face of the property right of one person. The proponents of this view have argued that the obligation herein belongs only to those who come into contact with the owner of the right in rem and that its scope consists of not violating the property. On the other hand, the royalist theories, which combine these two views, define the right in rem as “a right that gives a person direct dominion over something and can therefore be asserted against anyone”
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