RIGHT IN REM AND RIGHT IN PERSONAM
MEANING OF RIGHT
According to several jurists, the term “right” means and is defined as follows:
According to Austin,
Austin, a person’s privilege is a prerogative given by a specific statute and exploited against another person or people.
According to Holland,
The legal right is the capacity of an individual to control the actions of others with the support and assistance of the State, according to Holland’s definition of the term “right.”
JUS IN REM OR RIGHT IN REM
Anyone who signs a contract has intangible or Rem rights. They have this legal claim against the entire world. In essence, it guards against the theft of a person’s possessions by anyone in the cosmos.
We refer to this kind of right as a negative one as a result. simply because it guarantees everyone the freedom to be alone. This implies that no one else has the authority to interfere with a person’s right(s). These are individual rights that can be used to your advantage when dealing with third parties.
ILLUSTRATIONS OF RIGHT IN REM
A enjoys rights in rem over the bike that no one can breach in the world because A bought the bike from B, which gives A ownership and possession of the bike.
With a recorded gift deed, grandfather X gave his grandson Y the house property. As a result, Y has a right in rem over the house property, and no one else may violate this right.
MEANING OF RIGHT IN PERSONAM OR JUS IN PERSONAM
The legal rights that are granted to a single person or party to a contract are referred to as right in personam or jus in personam.
The phrase “right in personam” is derived from the Latin phrase “activity in personam.” In other terms, a personal right is a person’s legal recourse against a specific individual who has violated that individual’s rights. As a result, that people is held legally responsible for compensatory damages due to the other person whose rights were violated.
RIGHT IN PERSONAM EXAMPLES
- For 25 lakhs, A sold B his home. As a result, A has a personal right to receive the sale proceeds from B, and no other parties are involved. This is therefore Right in Personam.
- B agreed to let C use his farmhouse for a rent of Rs. 5000 per month. As a result, B has a personal right to collect rent from C without the involvement of any other parties. This is therefore Right in Personam.
CASE LAWS ON THE RIGHTS OF REM AND PERSONAM
Viswanathan v. Syed Abdul Wajid
In this instance, it was determined that Roman lawyers recognized rights as either rights in rem or rights in personam. According to its literal meaning, Jus in Personam is a right against or in respect of a person, and Jus in Rem is a right in regard of a thing. A Right in Rem implies a responsibility to acknowledge the right imposed on everyone generally. A obligation imposed on a particular person or group of people is implied by a Right in Personam.
M.V. Elisabeth vs. Investment
The plaintiff in this instance made a claim against the defendant’s personam responsibility. Even if the judgment is greater than the value of the property or the amount of the posted bail, an acknowledgement of service in a real estate auction may result in complete culpability.
Or, to put it another way, in an admiralty suit in personam, the defendant is responsible for the whole value of the proved claim made by the plaintiff. Similar to this, a defendant who acknowledges service in an action in rem runs the risk of being held completely liable even if the amount of the judgment exceeds the value of the res (item).
DIFFERENCE BETWEEN RIGHT IN REM AND PERSONAM
|RIGHT IN REM||RIGHT IN PERSONAM|
|These are real rights.||These are personal rights.|
|These rights are available against common/globe.||These rights are available against a particular party.|
|This is the subject matter of right in personam.||This is the subject matter of right in rem.|
|No relationship is established.||Relationship is established.|
|These are negative rights.||These are positive rights.|
|These are general rights.||These are special rights.|
The terms “right in rem” and “right in personam” refer to genuine rights that may be used against the entire world and “rights in personam” to refer to personal rights that can be used against a specific individual who violates a right. We have also talked about the distinction between right in rem and right in personam.
Author: Anshika Jain,
Amity University, Madhya Pradesh, B.A. LL.B (Hons.), 3rd year