Jus Ad Rem - Law Dictionary Search Results
Home Dictionary Name: jus ad remJus ad rem
Jus ad rem, an inchoate and imperfect right; such as a parson promoted to a living acquires by nomina-tion and institution.Jus ad rem, means a right in specific property arising from another person's duty and valid only against that person; an inchoate or incomplete right to a thing, Black's Law Dictionary, 7th Edn., p. 863....
jus ad rem
jus ad rem [Medieval Latin, right to a thing] : a personal right to possession of property that usually arises from a contractual obligation (as a lease) compare jus in re ...
jus in re
jus in re [Medieval Latin, right in a thing] : a right of property ownership that is enforced by an action in rem compare jus ad rem ...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Real right
Real right, the right of property, jus in re. The per-son having such right may sue for the subject itself. A personal right, jus ad rem, entitles the party only to an action for performance of the obligation.,...
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