Hello my reader friends, in this blog I am sharing notes. These notes are related to law study only. Underlined group of words are minimum necessary things you must incorporate in your answers. There may be a question to write a short note on this subject.
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Right in personum or jus in personum is opposite to right in rem.
This is derived from the Roman term "action in personum"
Right in personum gives the person rights against one person or party to the contract.
A right in personum corresponds to a duty imposed upon determinate persons. It generally will correspond with a duty imposed on the said person or party. The Indian Contract Act grands right in personum to the parties of a contract. So the parties of a contract have this contractual rights only against each other.
For example 1) Person P sold his car to Q. Thus P has the right to receive the sale proceeds. This right to receive the money only belongs to P, so it is a right in personum, no other party is involved.
Example 2) B loan money to C. The right to recover money belongs to only B not the world in general.
Example 3) My right to receive rent from tenant is right in personum.
Example 4) my right to receive compensation for false imprisonment or defamation is right in personum.
Example 5) The right of A after signing the contract for the purchase of land is a right in personum against B that B shall execute a deed of sale in his favour and transfer the property. After the execution of the sale deed the right of A is a right in rem available against the whole world that nobody shall interfere with his ownership.
You can read the following judgment also for more understanding of this legal maxim.
Daljit Singh And Anr. vs Yogeshwar Prasad: Delhi High Court
Note: If you write atleast one example while writing your answer then it will be beneficial to you to get more marks. In every article I am trying to write relevant examples as well as judgments and case laws will also be shared if needed.
Also you can read the judgment one-liners by clicking on the case name.
If any link is unavailable then don't worry, that article will be published shortly and for that you have to subscribe this blog and share it with all your friends and family.
Image Credit: thefactfactor.com
Right in personum or jus in personum is opposite to right in rem.
This is derived from the Roman term "action in personum"
Right in personum gives the person rights against one person or party to the contract.
A right in personum corresponds to a duty imposed upon determinate persons. It generally will correspond with a duty imposed on the said person or party. The Indian Contract Act grands right in personum to the parties of a contract. So the parties of a contract have this contractual rights only against each other.
Rights under a contract are rights in personum for only the parties thereto are bound.
Right in personam binds only a particular person or persons.
Rights in personum are usually positive. It is acquired because the subject stands in some special relationship towards another person as in the case of a contract.
Rights in personum may also be negative as in the case of sale of goodwill when the seller undertakes not to set up a rival business within the prescribed area and period of time.
Right in personum is spoken of as personal rights because persons bound being determinate, personal relation are stressed.
Example 2) B loan money to C. The right to recover money belongs to only B not the world in general.
Example 3) My right to receive rent from tenant is right in personum.
Example 4) my right to receive compensation for false imprisonment or defamation is right in personum.
Example 5) The right of A after signing the contract for the purchase of land is a right in personum against B that B shall execute a deed of sale in his favour and transfer the property. After the execution of the sale deed the right of A is a right in rem available against the whole world that nobody shall interfere with his ownership.
You can read the following judgment also for more understanding of this legal maxim.
Daljit Singh And Anr. vs Yogeshwar Prasad: Delhi High Court
Note: If you write atleast one example while writing your answer then it will be beneficial to you to get more marks. In every article I am trying to write relevant examples as well as judgments and case laws will also be shared if needed.
Also you can read the judgment one-liners by clicking on the case name.
If any link is unavailable then don't worry, that article will be published shortly and for that you have to subscribe this blog and share it with all your friends and family.
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