Basic concept of right in rem


Basic concept of right in rem

 The legal character assigned to a person announces to all the world what the legal status of the person in question is. The rreaning of "legal character" must be narrowly construed for it must be remembered that an action in rem is not an action against a thing but an action availing against all the world. One must be cautious lest litigation between A and B ba allowed unduly to affect the rights of C. The sort of danger is clearly shown inOfficial Assignee of Madras v. C.R.M.O.R.S. Firm.The principle is lucidly stated in Phipson's Law of Evidence (5th Edition) at page 387 as follows: "The principle of the conclusiv-eness of judgment in rem as regards persons is that public policy for the peace of society requires that matters of social status should not be left in continual doubt; and as regards things, that generally speaking, every one who can be affected by the decision may protect his interest by becoming a party to the proceedings.



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