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in personam

Latin · in per-SOH-nam · Jurisprudence and interpretation

Meaning. Against a particular person: a right or proceeding that binds only specific individuals.

A right in personam is available against a definite person or persons, who owe a corresponding duty; the typical example is a right under a contract, which can be enforced only against the other party. It is contrasted with a right in rem, available against the world at large, such as ownership. A judgment in personam binds only the parties to the suit and those claiming through them; most civil decrees are of this kind.

The distinction is used in arbitration. In Booz Allen & Hamilton (2011) the Supreme Court said that disputes about rights in personam are generally arbitrable, while those about rights in rem, such as insolvency, divorce or guardianship, are generally not, though subordinate rights in personam arising from rights in rem may be. Equity is also said to act in personam, by orders directed to the person.

Example

A buyer's right to delivery under a contract of sale is a right in personam, enforceable only against the seller.

In Indian law

See also

in rem · aequitas agit in personam · right · arbitration

Read more in the study notes

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