4 Most Important Differences between Judgment in Rem and ‘Judgment in Personam are given below:
Judgment in Rem:
1. Meaning:
The judgment binds to all men in the world including the parties to the suit.
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2 Definitions:
“The only definition that can properly be given is that is a judgment which binds all men, and not only the parties to the suit in which it was passed, and their privies, and that it belongs to positive law to say that judgments are to be judgments in rem whether for reasons of international community or domestic expediency”. Field.
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3. A judgment in rem is conclusive, not only against the parties to it, but also against the entire world.
4. There are four instances of judgment in rem:
a) Judgments of probate;
b) Judgments of matrimonial matters;
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c) Judgments of admiralty;
d) Judgments of insolvency.
Judgment in Personam:
1. Meaning:
The judgment binds only the parties or privies to the suit. It does not bind entire world.
2. Definition:
“A judgment in personam or inter parties is an ordinary judgment between parties in cases of contract, tort or crime.
3. A judgment in personam in only conclusive between the parties and privies, and it operates res judicata between the same parties on the same subject- matter.
4. -.All judgments other than of four kinds of judgment in rem, are judgments in personam or judgments inter partes.
