Real rights & personal rights
A real right (jus in re) is the power of a person to obtain certain financial or economic advantages over a specific thing, a power enforceable against the whole word.
[1] Real right has a specific object; personal right affects all the present and future properties of the debtor,
[2] In real right, there is a definite active subject while the word is the passive subject; in personal right there is a definite active and passive subject.
[3] Real right is a right over a thing; in personal right, the right is to a thing.
[4] Real right is created by mode and title; personal right is created by title only.
[5] Real right is extinguished by loss or destruction; personal right is not so extinguished.
A personal right (jus in personam) is the power belonging to a person to demand from another as a definite passive subject debtor, the fulfillment of a prestation to give, to do or not to do.
[1] Real right has a specific object; personal right affects all the present and future properties of the debtor,
[2] In real right, there is a definite active subject while the word is the passive subject; in personal right there is a definite active and passive subject.
[3] Real right is a right over a thing; in personal right, the right is to a thing.
[4] Real right is created by mode and title; personal right is created by title only.
[5] Real right is extinguished by loss or destruction; personal right is not so extinguished.
