Differences between Rights in Rem and Rights in Personam are as follows:
Rights in Rem
- A right in rem is available against the world at large. (Rem = world).
- 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.
- 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.
- 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.
- This right protects interest against the world at large.
- Patent right, copy right, etc. are the best examples for the rights in rem.
- All rights in rem are negative.
- It is available against an open or indefinite class of persons.
- The freedoms given in article 19 of the Indian constitution with its restrictions are the rights in rem.
- All “general offers” are “rights in rem”.
Rights in Personam
- A right in personam is available only against a particular person.
- 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.
- 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.
- It is also called as “personal right”. Converse this right, there is a duty imposed upon determinate individuals.
- This right protects an interest solely against determinate individuals.
- Purchase of good-will of business is the best example for the right in personam.
- All rights in personam are positive.
- It is available only against a specific person or persons.
- All easements are the rights in personam.
- All “specific offers” are “rights in personam”.