Showing posts with label S 35 of BSA. Show all posts
Showing posts with label S 35 of BSA. Show all posts

Thursday, 19 June 2025

Rights in Rem vs Rights in Personam: Understanding the Fundamental Distinction in Indian Jurisprudence with Special Reference to Section 35 of Bharatiya Sakshya Adhiniyam

 Introduction

The distinction between rights in rem and rights in personam forms the bedrock of legal understanding in property law, contract law, and procedural jurisprudence. This fundamental classification, deeply rooted in Roman law and adopted into Indian legal system through English common law, determines how rights are enforced, against whom they can be exercised, and their scope of application. The recent Bharatiya Sakshya Adhiniyam (BSA), particularly Section 35, provides a compelling illustration of how this distinction operates in contemporary Indian law, especially regarding judgments that confer legal character.

Conceptual Framework: Defining the Rights

Rights in Rem (Jus in Rem)

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