Right in Rem and Right in Personam

Legal concepts form the backbone of a structured society, providing a framework within which individuals and organisations operate. Among these concepts, “Right in Rem” and “Right in Personam” stand out due to their fundamental nature in property and contract law. These terms, derived from Latin, are essential in distinguishing between types of legal rights and their enforcement. This article explores the definitions, differences and implications of Right in Rem and Right in Personam, supported by relevant examples and case laws.

Definition of Right

To comprehend Right in Rem and Right in Personam, we must first understand the basic definition of a right. A right is a legal entitlement granted to individuals or entities, allowing them to act in a certain way or expect others to act in a certain manner.

Austin defines a right as a prerogative granted by a specific statute, enabling its holder to enforce it against another person or persons. In this context, a prerogative means a special right or privilege exclusive to an individual or class.

Holland describes a legal right as the capacity to control the actions of others with the approval and aid of the state.

With these foundational definitions in mind, we can delve into the specifics of Right in Rem and Right in Personam.

Right in Rem (Jus in Rem)

A Right in Rem, also known as Jus in Rem, is an intangible right held by an individual or entity against the entire world. It is a negative right, which primarily serves to prevent others from interfering with the holder’s enjoyment of the right. This type of right is often associated with property and ownership.

1.   Characteristics of Right in Rem

• Universality: Right in Rem is enforceable against all individuals. For instance, if someone owns a piece of land, this ownership is respected by everyone.
• Negative Right: It is a right to be left undisturbed by others. It obliges everyone to refrain from interfering with the right holder’s property or rights.
• General Applicability: These rights are general and do not require a specific relationship between the parties.

2.   Examples of Right in Rem

• Ownership of a Car: If X purchases a car, X holds the Right in Rem concerning the car. No other party can disturb X’s ownership of the car.
• Gifted Property: If Y gifts a landed property to his son Z, Z holds the Right in Rem over that property. This means no one else can claim or interfere with Z’s ownership.

3.   Case Law

R Viswanathan vs Syed Abdul Wajid: This case recognised Jus in Rem as a right against the whole world. The court stated that a Right in Rem presupposes a duty imposed on all people to recognise the right.

Right in Personam (Jus in Personam)

Right in Personam or Jus in Personam, is a personal right enforceable against a specific individual or group. It arises typically from contractual obligations and is a positive right, requiring the obligated party to act or refrain from acting in a particular way.

1.   Characteristics of Right in Personam

• Specificity: Right in Personam is enforceable against a particular person or entity. For example, a contractual obligation between two parties.
• Positive Right: It is a right that obliges the obligated party to perform a specific act or fulfil a duty.
• Special Applicability: These rights are special and arise out of specific relationships, such as contracts or agreements.

2.   Examples of Right in Personam

• Sale of a House: If A sells his house to B for Rs. 25 lakhs, A’s right to receive the payment from B is a Right in Personam. This right is enforceable specifically against B.
• Rent Agreement: If B rents his farmhouse to C for Rs. 5000 per month, B’s right to collect rent from C is a Right in Personam, enforceable specifically against C.

3.   Case Law

MV Elisabeth vs Harwan Investment: This case demonstrated that in an admiralty suit in personam, the defendant is liable for the full amount of the plaintiff’s substantiated claim. It highlighted the personal nature of Right in Personam and its enforceability against specific individuals.

Differences Between Right in Rem and Right in Personam

Understanding the distinctions between Right in Rem and Right in Personam is important for legal clarity. Here are the primary differences:

1. Scope:

Right in Rem: Available against the whole world. It is a universal right enforceable against everyone.

Right in Personam: Available against a specific individual or group. It is a personal right enforceable against particular parties involved in the relationship.

2. Nature:

Right in Rem: Negative right, primarily serving to prevent others from interfering with the right holder’s property or rights.

Right in Personam: Positive right, requiring the obligated party to perform a specific act or fulfill a duty.

3. Relationship:

Right in Rem: Does not establish a specific relationship between the parties. The right exists independently of any particular relationship.

Right in Personam: Establishes a specific relationship between the parties, often arising from contractual obligations or agreements.

4. General vs. Special:

Right in Rem: General right, applicable universally to all individuals.

Right in Personam: Special right, applicable only to particular parties involved in the specific relationship.

5. Examples:

Right in Rem: Ownership of property, such as land or a car, where the right is enforceable against the world at large.

Right in Personam: Contractual obligations, such as the right to receive payment for a sold house or the right to collect rent from a tenant, enforceable against specific individuals.

Table Showing the Differences Between Right in Rem and Right in Personam

Practical Implications

Understanding the practical implications of Right in Rem and Right in Personam is essential for legal practitioners and individuals alike:

1.   Property Rights

Right in Rem: Ensures that property owners can enjoy their property without interference from others. It is important in real estate transactions and property disputes.

Right in Personam: Important in contractual agreements involving property, such as sales, leases and mortgages. It ensures that parties fulfil their contractual obligations.

2.   Contractual Rights

Right in Rem: Less relevant in contractual contexts but may come into play in cases where contractual obligations involve property rights.

Right in Personam: Central to contract law, ensuring that parties fulfil their agreed-upon duties. It is important in commercial transactions, employment agreements and service contracts.

3.   Enforcement

Right in Rem: Enforcement involves protecting the right holder’s interests against the world. Legal mechanisms include property registration, injunctions and trespass actions.

Right in Personam: Enforcement involves compelling the obligated party to fulfil their duties. Legal mechanisms include lawsuits for breach of contract, specific performance and damages.

Conclusion

The difference between Right in Rem and Right in Personam is fundamental in understanding legal rights and obligations. Right in Rem, a general right enforceable against the world, primarily protects property rights and ensures that individuals can enjoy their property without interference. On the other hand, Right in Personam, a specific right enforceable against particular individuals, is important in contractual relationships, ensuring that parties fulfil their obligations.

Legal professionals, property owners and individuals engaged in contractual agreements must understand these concepts to navigate the legal landscape effectively. Whether protecting property rights or enforcing contractual duties, the principles of Right in Rem and Right in Personam play a pivotal role in maintaining order and justice in society.