- The rights of ownership
+ Three important rights
Dominium (full ownership) gave the owner three important rights:
. Ius utendi, the right to use the property.
. Ius fruendi, the right to enjoy the fruits and profits of the property.
. Ius abutendi, the right to consume or destroy the property.
+ Rights in rem
Rights such as these were known as real rights (rights in rem) because the owner could assert these rights "against the world", whereas personal rights (rights in personam) could be asserted only against another person.
Example: Caius employs Publius to build a house. The agreement between them gives Caius a right in personam against Publius. On the completion of the house, Caius, its owner, acquires rights in rem concerning the property, which can be asserted "against the world".
- The right to alienate
Certain persons were deprived of the right to alienate their property freely, e.g.
+ Under Justinian, husbands could not dispose of dotal immovables.
+ Lunatics and spendthrifts had restricted rights of alienation.
+ A pupillus could not alienate without his tutor's consent.
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- Property rights
+ Property rights (II): Rights over the property of another
+ Property rights (III): Servitudes
+ Property rights (IV): Other iura in re aliena
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Source:
Roman Law, L. B. Curzon, page 89.
