Right in Rem and Right in Personam
Right in Rem and Right in Personam
1. Right in Rem
Meaning:
A Right in Rem is a right against the whole world.
It is a right that is enforceable against everyone, not just a particular person.
This type of right relates to property or a specific thing (res).
The holder of the right can sue anyone who interferes with the property or infringes the right.
Key Features:
It is a universal right.
The right is attached to a thing or property.
Enforcement is against all persons.
Examples include ownership of property, rights in immovable property, or intellectual property rights.
Case Law Example:
K.K Verma v. Union of India (1959)
This case illustrated that ownership rights over property are rights in rem, as they are enforceable against everyone.
The plaintiff could enforce his property right against any person interfering with his property.
2. Right in Personam
Meaning:
A Right in Personam is a right against a particular person or persons.
It arises out of a contract or obligation between specific parties.
The holder can sue only the specific individual(s) who owe the duty or obligation.
Key Features:
It is a personal right.
Enforcement is against a specific individual or group.
Typically arises from contracts, agreements, or torts.
Examples include contractual rights, right to damages, or personal services.
Case Law Example:
M.C. Chockalingam v. M. Chockalingam (1971)
The court held that contractual rights are rights in personam enforceable only against the party to the contract.
The plaintiff could sue the defendant but not any third party.
Summary Table: Right in Rem vs. Right in Personam
| Aspect | Right in Rem | Right in Personam |
|---|---|---|
| Nature | Right against the whole world | Right against a specific person |
| Related To | Property or a specific thing | Contractual or personal obligations |
| Enforcement | Against anyone infringing the right | Only against specific individual(s) |
| Examples | Ownership, possession rights | Contract rights, right to damages |
| Case Law Example | K.K Verma v. Union of India | M.C. Chockalingam v. M. Chockalingam |
Why This Distinction Matters
In property law, rights in rem give broad protection to owners.
In contract law, rights in personam restrict enforcement to specific parties.
Understanding the distinction helps determine who can be sued and what remedies are available.
RELATED Blog
0 comments