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What are the differences between Rights in Rem and 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 against the world at large. (Rem = world).
  2. Example: I have a house. 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 have money in my pocket. I can use my money as like. The world at large has no right to interfere with my possession.
  4. It is called “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 against the world at large.
  6. Patent right, 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. The freedoms given in article 19 of the Indian constitution with its restrictions are the rights in rem.
  10. All “general offers” are “rights in rem”.
Is tort a violation of right in rem or in personam

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Rights in Personam

  1. A right in personam is available only against a particular person.
  2. Example: I let my house to Z-tenant. 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. y-debtor has to give me Rs. 5,000/-, who had taken from me as a hand-loan. I have the right in personam to receive back the sum of Rs. 5,000/- from X.
  4. It is also called 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”.
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