Right-in-rem and Right in Personam

Q.Write short note on 'Right-in-rem' and 'Right in Personam'. [10 marks - 2022]

Right in Rem

Anyone signing a contract possesses rights in Rem or intangible rights. They have this right against the whole globe. Basically, it prevents a person’s stuff from being stolen by anyone in the universe.

Right in Personam

Right in Personam is the polar opposite of Right in Rem. Right in Personam confers legal rights on a single person or party to a contract. It usually corresponds to a responsibility placed on the mentioned person or group.

Difference Between Right in Rem and Right in Personam

1. Rights in Rem are real rights. Rights in Personam are personal rights.

2. Rights in Rem are available against the anyone. Rights in Personam are available against a particular party.

3. Rights in Rem and Rights in Personam are the subject matters of each other.

4. In Rights in Rem, no relationship is established. Relationship is established in 'Right in Personam'.

5. Rights in Rem are negative rights. Rights in Personam are positive rights.

6. Rights in Rem are general rights. Rights in Personam are special rights.