Differences between Right in Rem and Right in Personam
The differences between Right in Rem and Right in Personam are given below:
- Right in Rem is available against the whole world, whereas Right in Personam is available against a particular person.
- Right in Rem is an absolute right, as it applies to the property itself. Right in Personam is a relative right, as it depends on the relationship between specific parties.
- Right in Rem is real right, whereas Right in Personam is personal right.
- Right in Rem: Property ownership, copyright, or patents. Right in Personam: Contracts, debts, and personal obligations.
- According to Holland, Right in Rem is of Indefinite kind and Right in Personam is of Definite kind.
- Right in Rem is tort right and Right in Personam is Contract right.
- Right in Personam gives rise to Right in Rem so far as Torts are founded on Contract.
- Right in Rem is negative Right, whereas Right in Personam is positive right.
- Right in Rem is a right in respect of a thing, whereas Right in Personam is a right in respect of a person.
- Right in Rem is general right, whereas Right in Personam is special right.
- In Right in Rem no relationship is established, whereas in Right in Personam a relationship is established.
- Right in Rem is generally transferable from one owner to another, while Right in Personam is not. This means that if a property is sold, the new owner will acquire the same rights in rem as the previous owner. However, right in personam cannot be transferred to any another person.
- Right in Rem is generally broader in scope than Right in Personam because they apply to a specific property, which can be tangible or intangible. Right in personam, on the other hand, is limited to a specific person.
- In Right in Rem a corresponding duty is imposed upon persons in general, but in Right in Personam the corresponding duty is imposed upon a definite individual.
- Right in Rem is right that relates to a specific property and can be enforced against anyone who interferes with that property. On the other hand, Right in Personam is right that relates to a specific person and can only be enforced against that person.
- Ownership of a house is a Right in Rem but the right to receive rent from a tenant in that house is a Right in Personam.
- If A (seller) and B (purchaser) enter into an MOU for sale of land, B will only have right in personam against A. However, after execution and registration of the Sale Deed, B will have right in rem against the world at large.
Jurisprudence, Usha Jaganath Law Series
Written By: Md.Imran Wahab
, IPS, IGP, Provisioning, West Bengal
Email: [email protected]
, Ph no: 9836576565