Differences between Right in Rem and Right in Personam

The differences between Right in Rem and Right in Personam are given below:

1. Right in Rem is available against the whole world, whereas Right in Personam is available against a particular person.
2. 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.
3. Right in Rem is real right, whereas Right in Personam is personal right.
4. Right in Rem: Property ownership, copyright, or patents. Right in Personam: Contracts, debts, and personal obligations.
5. According to Holland, Right in Rem is of Indefinite kind and Right in Personam is of Definite kind.
6. Right in Rem is tort right and Right in Personam is Contract right.
7. Right in Personam gives rise to Right in Rem so far as Torts are founded on Contract.
8. Right in Rem is negative Right, whereas Right in Personam is positive right.
9. Right in Rem is a right in respect of a thing, whereas Right in Personam is a right in respect of a person.
10. Right in Rem is general right, whereas Right in Personam is special right.
11. In Right in Rem no relationship is established, whereas in Right in Personam a relationship is established.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.

References:

• https://taxguru.in/corporate-law/rights-in-rem-and-rights-in-personam.html
• https://www.caclubindia.com/articles/rights-in-rem-and-rights-in-personam-49596.asp
• https://www.jstor.org/stable/1097900?typeAccessWorkflow=login&seq=1
• https://www.writinglaw.com/right-in-rem-and-right-in-personam/

Jurisprudence, Usha Jaganath Law Series

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565