Difference between ‘Judgments in rem’ and ‘Judgements in Personam’ are as follows:
This section deals with what are usually called judgments in rem, i.e., judgments which are conclusive not only against the parties involved in the judgment, but also against all the world. A judgement ‘in rem’ has been defined to be “an adjudication pronounced, as its name indeed denotes, upon the status of same particular subject-matter by a tribunal having competent authority for that purpose”.
The distinction between a judgment ‘in rem’ and a judgment ‘in personam’, is that, in the former, the point adjudicated upon is conclusive against all the world as to status, whereas in the case of a judgment in personam, the point is only conclusive between the parties and their privies.
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ADVERTISEMENTS:
Judgments in personam:
(1) These are judgments between parties in cases of contract, tort, crime, etc.
(2) They are conclusive proof, in subsequent proceedings, between the same parties or their privies.
ADVERTISEMENTS:
Judgments in rem:
(1) Judgments in rem are judgments by a Court having special jurisdiction.
(2) They are conclusive evidence for or against all persons whether parties, privies or strangers.