Erga omnes

Absolute rights give the holder an exclusive, proprietary dominion over a certain range, which must be respected by everyone. Absolute rights are effective against all (erga omnes ), and thus form the counterpart to relative rights, which basically act only between the individuals involved (inter partes).

Features of an absolute law is that the right-holder may exclude others from the use (exclusion function = negative scope) and the law alone can use ( use function scope = positive ). The absolute rights can be divided into moral rights, rights in rem thing and intellectual divide. The right to an established and functioning business - with limitations - also an absolute right.

Due to their validity against anyone these rights must be identifiable and determinable for everyone. There is therefore a type coercion and a numerus clausus, ie, it must not new absolute rights to be invented. The visibility is used, for example, the entry in the land register or in a register (patent, trademark). When property is the absolute right may be recognized by the possession. In copyright law, the absolute right by the perceptible created from the original work itself is visible.

Absolute rights are protected against everyone. To protect against unlawful interference consist defense and compensation claims. These include eliminating claims seeking injunctive relief, damages and claims arising out of Eingriffskondiktion enrichment.