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General rights of parties

The parties to contract are generally awarded the following rights
  • Jus in rem: Jus in Rem means a right against or in respect of a thing. A jus in rem is available against the world at large. Nobody in the world can disturb him in his right.

Amar is the owner of house. He has the right to have quite possession and enjoyment of that house against every member of public. This right of Amar is jus in rem.

  • Jus in personam: Jus in personam means a personal right i.e., right against a person or a party with whom you have entered into a contract. A jus in personam is available only against a particular person.

Amar owes a certain sum of money to Akbar. Akbar has the right to recover this amount only from Amar. This right can be exercised only by Akbar and only against Amar. This right of Akbar is a jus in personam.


Note: A contract creates jus in personam, not jus in rem.

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