right in personam.

pratik (Querist) 09 June 2010 This query is : Resolved
Pls tell me the difference between right in rem , right in personam, jus in personam & jus in rem.

If poosible with the help of a exmaple.

Thanking u all experts in advance.

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Guest (Expert) 09 June 2010

The law of contract is different from other branches of law. It does not lay down any rights and duties that the law will enforce. It contains the limiting principles on the basis of which the parties can create there own rights and duties which the law will up hold. Law of contract creates jus in personam and not jus in rem. Here jus in rem means the right against a thing at large and jus in personam means the right against a specific person.

Let us see what happened in the following illustration:

Mr. A owes an amount of Rs.10,000 to Mr. B. Here Mr. B has the right to recover this amount from Mr. A and only from Mr. A and not from anybody else. This right is known as jus in personam.

To understand the Jus in rem let us see the following example:

Mr. X owns 10 acres of land. Here Mr. X is having the full liberty to enjoy the land against every members of the public. Likewise every members of the public is having an obligation that they should not disturb the right of Mr. X. This right of Mr.X is known as Jus in rem.

thanks and regards
Ajitabh Acharya

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