Rights in Rem and Rights in Personam

Rights in rem and rights in personam are two different legal concepts that refer to different types of rights in property law.

Rights in Rem

When you sign a contract, you are given certain rights that are attached to the specific thing or property mentioned in the contract. These rights are called "rights in rem" or "property rights". They allow you to protect your property from anyone who tries to steal or interfere with it, no matter where they are in the world. This is why they are sometimes called "negative rights" because they protect you from negative actions of others.

For example, if you sign a lease for an apartment, you have the right to live in that apartment without anyone else interfering with your right to do so. This right in rem is attached to the specific apartment mentioned in the lease and can be enforced against anyone who tries to interfere with your right to live there.

Rights in Personam

A right in personam is different from a right in rem, and it is a legal right that is conferred on a single person or party to a contract.

When you have a right in personam, it means that you have a legal right that is enforceable against a specific person or group of people. This right is usually based on an agreement or contract between the parties involved.

For example, if you have a contract with a company to provide a service, you have a right in personam to be paid for that service. The company has a responsibility to pay you for the work you have done, and if they fail to do so, you can enforce your right to be paid through legal means.

Difference between Rights in Rem and Rights in Personam 

Rights in rem and rights in personam are two fundamental concepts in legal systems. Here are the main differences between these two types of rights:

Definition

Rights in rem are rights that relate to a specific property and can be enforced against anyone who interferes with that property. On the other hand, rights in personam are rights that relate to a specific person and can only be enforced against that person.

Nature

Rights in rem are considered absolute rights because they are enforceable against anyone who interferes with the property, regardless of whether that person has any relationship with the property owner. In contrast, rights in personam are considered relative rights because they are enforceable only against a specific person.

Scope

Rights in rem are generally broader in scope than rights in personam because they apply to a specific property, which can be tangible or intangible. Rights in personam, on the other hand, are limited to a specific person.

Transferability

Rights in rem are generally transferable from one owner to another, while rights in personam are not. This means that if a property is sold, the new owner will acquire the same rights in rem as the previous owner. In contrast, rights in personam cannot be transferred to another person.

Enforcement

Rights in rem are enforced through legal action against anyone who interferes with the property, while rights in personam are enforced through legal action against the specific person who has breached the right.