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Real rights and personal rights

From Civil law (ius in rem, ius in personam)

Property

What it means

Civil law splits rights into real rights (rights in a thing, enforceable against everyone, like ownership or a mortgage) and personal rights (claims against a particular person, like a debt).

Why it travels badly

Common law divides things differently, using estates, equitable interests and the distinction between property and contract. 'Real right' is a technical term in Roman-based systems and sounds odd in English.

How other systems say it

France

droits réels / droits personnels

A closed list of real rights, set by law.

Germany

dingliche Rechte / schuldrechtliche Ansprüche

The separation principle splits the contract to sell from the transfer of ownership itself.

United States and England

property / contract

Property includes estates and equitable interests, and the law of property is more flexible.

Tip for translators and students

Explain 'real right' as 'a right in a thing, enforceable against everyone', and avoid the false link with 'real property'.

Related: Adverse possession and usucapion, Trust

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.