Right in rem and right in personam are the Roman terms that mean, "Right in rem is the right available against the world." and "Right in personam is the right available to an individual against a particular individual."
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| Right in Rem and Right in Personam |
Meaning and Definition of Right
The meaning and definition of "Right" has been defined by the various jurists as;
Austin
Austin defined the term "Right" as "An individual's privilege is a prerogative granted by a specific statute and used against another person or persons.
Holland
Holland defined the term "Right" as "The legal right is the capacity of a person who possesses to govern the activities of the others with the approval and aid of the State."
Right in Rem Meaning or Jus in Rem Meaning
Right in rem meaning or Jus in rem meaning is given as, "Whoever, enter into a contract, possess rights in rem or intangible rights. These rights in rem or intangible rights are against the whole globe."
Right in rem is the term which is derived from the Latin term "action in rem". The right in rem meaning in Hindi is (सर्वबंधी अधिकार).
In simple words, rights in rem meaning, the right in rem is the right which is available to an individual against the whole world that no one can infringe. So, the right in rem or jus in rem presents an individual's stuff being stolen by any other in the world.
Examples of Right in Rem
A purchased a bike from B, then A has the ownership as well as possession of the bike, therefore, A has right in rem over the bike that no one can violate in the world rights over the bike.
X gifted his house property to his grandson Y with a registered gift deed, therefore, Y has the right in rem over the house property that no one can infringe the right of Y over the house property.
Right to an easement is a right in rem.
Right in Personam Meaning or Jus in Personam Meaning
Right in personam meaning or Jus in personam meaning means, " The legal rights which on a single person or party to a contract."
Right in personam is the term which is derived from the Latin term "action in personam". The right in personam meaning in Hindi is (व्यक्तिबंधी अधिकार).
In other words, the right in personal is the right of an individual person against that particular person only who infringes the legal right of that person then violates the rights of that person and is made liable to pay compensatory damages to the other person whose rights infringed.
Examples of Right in Personam
A purchased a bike from B for Rs. 50,000/- then B has the right in personam against A to get the agreed sale amount from B and either party can be involved in their contract. This is the right in personam.
X rented his house property to his friend Y with a rent agreement, therefore, X has the right in personam to get the rent amount from Y and no one is involved in their agreement.
A contract creates rights in personam.
Case Laws on Right in Rema and Right in Personam
R. Viswanathan vs Syed Abdul Wajid
In this case, it was held that a right was recognised by Roman lawyers as either right in rem or right in personam. Jus in Rem is a right in respect of a thing, and Jus in Personam is a right against or in respect of a person, according to its literal meaning. A Right in Rem presupposes a duty to recognise the right imposed on all people in general. In contrast, a Right in Personam presupposes a duty imposed on a specific person or class of persons.
M.V. Elisabeth vs Harwan Investment
In this case, the plaintiff established a claim against the defendant's liability in personam action. An acknowledgement of service in a real estate auction can also lead to full liability, even when the judgment exceeds the property value or bail provided.
Or, in other words, in an admiralty suit in personam, the defendant is liable for the entire amount of the plaintiff’s substantiated claim. Similarly, even if the amount of the judgement exceeds the value of the res (thing), a defendant recognising service in an action in rem risks being held fully accountable.
Difference Between Right in Rem and Right in Personam
The difference between right in rem and right in personam is given as below;
| Right in Rem | Right in Personam |
|---|---|
Right in rem are the real rights. |
Right in personam are the personal rights. |
Rights in rem are the rights which are available against the world. |
Whereas, rights in personam are the rights which are available against the particular person. |
For example, if A purchases a bike from B, then A has the ownership as well as possession of the bike, therefore, A has the right in rem over the bike that no one can violate in the world rights over the bike. |
For example, if A purchased a bike from B for Rs. 50,000/- then B has the right in personam against A to get the agreed sale amount from B and neither party can be involved in their contract. |
Rights in rem are the general rights. |
Rights in personam are the special rights. |
Rights in rem are the subject matter of rights in personam. |
Rights in personam are the subject matter of in rem rights. |
In right in rem, there is no relationship established. |
In the right in personam, the relationship is established. |
FAQs
What is an example of right in rem?
A purchased a bike from B, then A has the ownership as well as possession of the bike, therefore, A has right in rem over the bike that no one can violate in the world rights over the bike. This is an example of right in rem.
What is the difference between a right in rem and a right in personam please explain with the help of an example?
Rights in rem are the rights which are available against the world. Whereas, rights in personam are the rights which are available against the particular person.
What is jus in rem and jus in personam?
Right in rem meaning or Jus in rem meaning is given as, "Whoever, enter into a contract, possess rights in rem or intangible rights. These rights in rem or intangible rights are against the whole globe." And, Right in personam meaning or Jus in personam meaning means, " The legal rights which on a single person or party to a contract."
What is the difference between action in rem and action in personam?
Action in rem is the rights which are available against the world. Whereas, action in personam are the rights available against the particular person.