| 释义 |
jus ad rem
(jus in personam, personal right) [Latin: right to a thing] In contrast to a jus in re, a mere right to sue for fulfilment of an obligation without any right to vindicate possession of the actual subject. Thus, if a person (A) engages and binds himself to make delivery to another party (B) of a certain subject, which, however, in violation of his obligations he delivers to a third party (C), the right of B is merely a jus ad rem. This means that B cannot recover the item from C, and can only sue A for the non-delivery, and on failure in that, for damages on account of breach of contract. Such a right, therefore, is merely personal, and is not absolute but defeasible. |