Legal Definitions - jus in re

Jus in re refers to a legal right that an individual or entity holds directly over a specific piece of property. This right is considered absolute and is enforceable against anyone in the world, meaning no one else can lawfully interfere with or claim that property without the right-holder's permission. It signifies a complete and perfect ownership or a strong, direct interest in an asset.

Here are some examples to illustrate this concept:

• Homeownership: When an individual purchases a house and holds the deed, they possess jus in re over that property. This means they have the exclusive right to live in it, sell it, rent it out, or prevent anyone else from entering without their consent. Their ownership is recognized and protected by law against all other individuals, governments, or entities worldwide.

  This illustrates jus in re because the homeowner's right to their property is absolute and can be asserted against anyone who might try to claim it or interfere with their use of it.

• Copyright for a Novel: An author who writes a novel and registers its copyright holds jus in re over that literary work. They have the exclusive right to reproduce, distribute, perform, display, or create derivative works from their novel. If another person or company attempts to publish or sell copies of the novel without the author's permission, the author can legally stop them, as their copyright is a right enforceable against everyone.

  This demonstrates jus in re because the author's exclusive control over their creative work is a direct right that can be enforced universally against any potential infringer.

• Patent for an Invention: A technology company that invents a unique software algorithm and secures a patent for it has jus in re over that invention. This grants them the exclusive right to make, use, and sell the patented algorithm for a specific period. No other company can legally develop, market, or sell the same algorithm without a license from the patent holder, as this right is universally enforceable.

  This example shows jus in re because the patent holder's exclusive right to their invention is a direct claim that can be asserted against any party attempting to infringe upon it, regardless of their location or intent.