A Critical Analysis on The Assertion “Equitable Rights Are Rights “In Personam” And Not “In Rem”

Abstract

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 drawing a distinction between legal and equitable rights with reference to certain examples under both and further discussing the intersection of the former and the latter with major focus being on the relevance of the maxim “Equity acts in personam” and not “in rem” in the context on modern equity with the introduction of situations where Equity acts in rem.

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