Jus in rem – Right against the world at large.
1. Meaning of Jus in Rem
Jus in rem is a Latin term that translates to “a right against the world at large.” It refers to a property right or legal right that a person holds against everyone.
This is different from Jus in personam, which is a right against a specific person, usually arising out of a contract or obligation.
Jus in rem gives the holder the ability to enforce the right against anyone who interferes with it, not just a particular individual.
Key points:
It is generally associated with property rights.
It is enforceable against all (erga omnes).
Ownership or interest in property is the most common example.
2. Examples of Jus in Rem
Ownership of land or house: If you own a plot of land, your right is against the world; no one can occupy it without your permission.
Easements or servitudes: A right of way over another’s property is enforceable against anyone obstructing it.
Intellectual property rights: Copyright or trademark rights prevent anyone from using the protected work without authorization.
In contrast, a contract to sell property is jus in personam, as it creates a right against a specific party to perform a promise.
3. Legal Basis
In common law, property rights are typically jus in rem because they are enforceable against anyone who interferes.
In civil law systems, ownership rights are likewise considered rights against all (erga omnes).
Indian Law:
Sections 3 and 4 of the Transfer of Property Act, 1882 discuss rights in property.
Ownership rights under the Indian Evidence Act and Hindu Law also recognize jus in rem for immovable and movable property.
4. Case Law Illustrations
a) Keeble v Hickeringill (1707, 11 East 574) – English Law
Facts: Hickeringill fired guns on his land to scare ducks away from Keeble’s pond.
Decision: Court held that Keeble had a right in his property (pond) and could sue Hickeringill for interference.
Principle: Protects ownership rights against interference from anyone – jus in rem.
b) Tulk v Moxhay (1848, 41 ER 1143) – English Law
Facts: Land sold with a restrictive covenant to keep it open, and the purchaser tried to ignore it.
Decision: Equity enforces restrictive covenants against successors in title.
Principle: Property rights bind everyone in respect to the land, illustrating jus in rem.
**c) Indian Case – K.K. Verma v Union of India (AIR 1970 SC 1160)
Facts: Involved government acquisition of property.
Decision: Court recognized the ownership rights of individuals in property, which are enforceable against all, including the state.
Principle: Confirms that property rights in India are jus in rem.
5. Difference Between Jus in Rem and Jus in Personam
| Feature | Jus in Rem | Jus in Personam |
|---|---|---|
| Against whom | World at large | Specific individual |
| Nature | Property rights, ownership | Contractual or personal obligations |
| Enforcement | Anyone interfering | Only the obligated party |
| Examples | Land ownership, copyright | Contract to deliver goods |
6. Summary
Jus in rem = right enforceable against the world (ownership, property rights).
Protects your property or legal interest against anyone who interferes, not just a particular person.
Strongest form of legal right in terms of universality.
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