jus ad rem
Jus ad rem is a right to acquire a thing, available against a particular person who is bound to transfer or deliver it. It is a personal right. Jus in re is a right in the thing itself, available against the world at large, such as ownership.
Salmond’s example: a buyer under a contract of sale before the property passes has only a jus ad rem against the seller; once ownership passes he has a jus in re. In Indian law an agreement for sale of immovable property gives only a personal right to sue for specific performance; it does not of itself create any interest in the property (Section 54, Transfer of Property Act).
Example
Before the sale deed was registered, the purchaser had only a jus ad rem enforceable against the vendor.
In Indian law
- Section 54, Transfer of Property Act, 1882 (contract for sale creates no interest in the property)
See also
jus in re aliena · in personam · in rem · right