Rights in Rem & Rights in Personam

Differences between Rights in Rem and Rights in Personam are as follows:

Rights in Rem

1.       A right in rem is available for a person against the world at large.

2.      The people of the world have a duty not to interfere with my possession. Nobody has right to disturb my possession and enjoyment.

3.      I can use my money as like. The world at large has no right to interfere with my possession.

4.      It is called the “real right”. Converse this right; there is a duty upon every person of the world not to interfere with other’s rights.

5.       This right protects interest of a person against the world at large.

6.      Patent rights, copy right, etc. are the best examples for the rights in rem.

7.       All rights in rem are negative.

8.      It is available against an open or indefinite class of persons.

9.      All “general offers” are “rights in rem”.

Rights in Personam

1.       A right in personam is available only against a particular person.

2.      I have a right to receive rent from my tenant. This right to receive rent from my tenant. This right to receive rent is a right in personam. The rest of the world is not concerned with this right.

3.      A debtor has to give me Rs. 5,000/-, who had taken from me as a loan. I have the right in personam to receive back the sum of Rs. 5,000/- from him.

4.      It is also known as “personal right”. Converse this right, there is a duty imposed upon determinate individuals.

5.       This right protects an interest solely against determinate individuals.

6.      Purchase of good-will of business is the best example for the right in personam.

7.       All rights in personam are positive.

8.      It is available only against a specific person or persons.

9.      All easements are the rights in personam.

10.   All “specific offers” are “rights in personam”.

“If the nature of the duty is negative then the right is negative, as blood groups are positive and negative, it does not mean that the blood is negative , it is merely a blood type. Same is the case with positive and negative rights because these are merely technical terminologies.