Personal Right vs. Real Right

Attribute	Personal Right	Real Right
Definition	Right that is enforceable against a specific person or group of people	Right that is enforceable against the whole world
Transferability	Generally not freely transferable	Freely transferable
Duration	Usually temporary	Can be permanent
Enforceability	Enforceable only against specific individuals	Enforceable against anyone who violates the right
Examples	Lease agreement, employment contract	Ownership of land, intellectual property rights

Definition

Personal right and real right are two fundamental concepts in the field of law, particularly in property law. Personal right refers to a right that a person has against another individual, such as the right to receive payment for goods or services rendered. Real right, on the other hand, refers to a right that a person has in relation to a specific object, such as ownership of a piece of land or a car.

Characteristics

One of the key differences between personal right and real right is the nature of the right itself. Personal right is considered to be a right in personam, meaning it is enforceable against a specific person. Real right, on the other hand, is a right in rem, meaning it is enforceable against the whole world. This distinction is important because it determines the scope of the right and who can be held liable for any violations.

Enforceability

Another important difference between personal right and real right is the way in which they are enforced. Personal rights are typically enforced through legal action, such as a lawsuit, where the court can order the defendant to pay damages or perform a specific action. Real rights, on the other hand, are often enforced through physical possession or registration, such as holding the title deed to a property or registering a car in your name.

Transferability

Personal rights are generally more easily transferable than real rights. For example, if you have a personal right to receive payment for a service, you can usually assign that right to another person without much difficulty. Real rights, on the other hand, are often subject to more restrictions when it comes to transferability, such as the need for consent from the other party or compliance with specific legal requirements.

Duration

Personal rights are often temporary in nature, lasting only for a specific period of time or until a certain condition is met. For example, a contract for services may specify a deadline for payment, after which the personal right to receive payment expires. Real rights, on the other hand, are typically more permanent and can last for as long as the owner maintains possession or ownership of the object in question.

Examples

To illustrate the difference between personal right and real right, consider the following examples. If you hire a plumber to fix a leak in your house, you have a personal right to receive the service you paid for. If the plumber fails to fix the leak, you can take legal action to enforce your personal right to receive a refund or have the leak fixed. On the other hand, if you purchase a house, you have a real right to ownership of the property. If someone tries to claim ownership of the house without your consent, you can enforce your real right by showing the title deed or other proof of ownership.