ABSTRACT
[19.01] Introduction. Leaving aside most simple bailments (see para 1.17 ), the object of the parties to the transaction of sale, quasi-sale or hp is normally to transfer the proprietary rights in the subject-matter of the contract; and the conveyancing aspect of the transaction must now be examined. The difference between contractual and proprietary rights (rights in rem) is traditionally this: a contractual right merely gives the party entitled a right against the other contracting party, whereas a proprietary right gives an interest in the goods which can also be asserted against third parties.
