Ibeosu, Raymond O
LL. B Candidate, Osun State University, Nigeria
Publications
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Research Article
A Critical Analysis on The Assertion “Equitable Rights Are Rights “In Personam” And Not “In Rem”
Author(s): Ibeosu, Raymond O*
One of the reasons for the popularity of equity was the development of equitable rules and remedies which served as mitigating factors for the hardship created by the stringent rules of the common law. These Equitable rules are encompassed in what has come to be referred to as the “Maxims of Equity”. One of which is construed as “Equity acts in personam”. This maxim is the foundation of all equitable jurisdiction, it meant that equity dealt primarily with the person and only against his property through him/her However, this maxim which used to be a rule without an exception now seems to be used in modern equity as simply a series of ideas used for remembrance as situations in which Equity can be said to act “in rem” (against property”). This essay seeks to offer a conceptual definition of equity, equitable rights and legal rights. Thereafter .. Read More»

