Q 1:- What is difference between right in rem and right in personam with reference to Arbitration proceeding?
A right in rem is a right exercisable against the world at large, as contrasted from a right in personam which is an interest protected solely against specific individuals. Actions in personam refer to actions determining the rights and interests of the parties themselves in the subject matter of the case, whereas actions in rem refer to actions determining the title to property and the rights of the parties, not merely among themselves but also against all persons at any time claiming an interest in that property.
27. An agreement to sell or an agreement to mortgage does not involve any transfer of right in rem but create only a personal obligation. Therefore if specific performance is sought either in regard to an agreement to sell or an agreement to mortgage, the claim for specific performance will be arbitrable.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5440 of 2002
Decided On: 15.04.2011
Booz Allen and Hamilton Inc. Vs. SBI Home Finance Ltd. and Ors.
Hon'ble Judges/Coram:
R.V. Raveendran and J.M. Panchal, JJ.
Author: R.V. Raveendran, J.
Citation: MANU/SC/0533/2011,(2011) 5 SCC 532
https://www.lawweb.in/2024/07/what-is-difference-between-right-in-rem.html
2) What is difference between right in rem and right in personam with reference to Indian law?
A right in rem (Latin for "right against the thing") is a right enforceable against the world at large.A right in personam (Latin for "right against the person") is a right enforceable against a specific person or group of persons. It arises out of a specific relationship or contract between parties and is only enforceable against those particular individuals.
3) Rights in Rem vs Rights in Personam: Understanding the Fundamental Distinction in Indian Jurisprudence with Special Reference to Section 35 of Bharatiya Sakshya Adhiniyam
Section 35 BSA represents a significant codification of how certain judicial determinations create rights in rem rather than mere rights in personam. This section specifically addresses judgments from courts exercising probate, matrimonial, admiralty, or insolvency jurisdiction that confer, declare, or take away legal character.
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