in personam
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
- Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
- Contract of sale, conditions and warranties (Contract II)
- Jurisprudence: meaning, nature, scope, purpose and value (Jurisprudence)
- Legal rights and duties: elements, kinds and Hohfeld's analysis (Jurisprudence)
- Obligation: nature, sources and kinds, and solidary obligations (Jurisprudence)
- WIPO and dispute settlement: the WIPO ADR mechanism, the UDRP and the INDRP (Law of Intellectual Property and Information Technology)