This article describes the differences between “Act in the Law” and “Act of the Law”.
Act in the Law
- “Act in the law” is also called as “act of the parties”. It is a juristic act.
- Act in law creates rights and duties. But these duties are creates rights and duties. But these duties are created by the parties themselves with their own will and consent.
- It is jus in personam.
- A sale transaction of the house;
- A mortgage deed;
- A will, etc.
- It is private, internal and voluntary.
- Act in law i. e. act of the parties is permitted by law. It also creates transfers or extinguishes of a right by agreement and willingness of two parties with their own pleasure.
- Acts in the law, generally, positive in character.
Act of the Law
- “Act of the law” is the result of judicial and legislative bodies.
- Act of the law also imposes certain duties on every person. Such duties are created for the welfare of the country. Every person has to obey those duties, even though he is not willing.
- It is jus in rem.
- Examples: the transfer of property or of a right of a person dying intestate to his heirs is an act of the law. The transfer of a property of an insolvent to his creditors by a court order, etc.
- It is public, external and involuntary.
- Act of law is created by law itself, it creates transfers or extinguishes of a right by its own operation. It is independent of any consent there to on the part of any individuals shall have to obey what law says.
- Acts of the law, generally, are negative in character.