Rights in Rem — A New Approach

Abstract

The manner in which rights should be classified and the various classes defined have been discussed the world over for many generations. This fundamental problem of conceptual jurisprudence has challenged the acumen of many scholars; but to avail. Yet it is vital to find a suitable test of distinction not only for the sake of theoretical thinking but also for the needs of daily practice. Thus, how shall we decide to what extent we are legally bound to respect another person's right? How does such a right arise? How is it transferred? When does it expire? And how shall we know what law is applicable in all these matters? Is it the law of property or the law of obligation? Is it the law governing the place where some piece of property is situated or the law under which the right was created? To answer these questions it will often be necessary to find out in what category the right considered belongs.