In rem
Encyclopedia
In rem is Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 for "against a thing." In a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

, an action in rem is directed towards a piece of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

 rather than against a person (which is an in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...

or personal action). The action disputes or seeks to transfer title
Title
A title is a prefix or suffix added to someone's name to signify either veneration, an official position or a professional or academic qualification. In some languages, titles may even be inserted between a first and last name...

 to property. When title to real estate (e.g. who owns a house) is in dispute, an in rem action is used to deliver the land to the plaintiff.

The distinction between an in rem action and an in personam action is relevant to court jurisdiction for purposes of conflicts of laws and civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

. In an in rem action the proper jurisdiction is where the property is located.

See also

  • Jurisdiction in rem
    Jurisdiction in rem
    In rem is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have "in personam jurisdiction"...

  • Jus ad rem
    Jus ad rem
    Jus ad rem is a Latin term of the civil law, meaning "a right to a thing:" that is, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other...

    , a term of the civil law, meaning "a right to a thing" -- distinguished from jus in re, which is dominion over a thing as against all persons.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK