Judgment Against Property With Rem In Kings
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The Latin term “in rem” means “against a thing” and is used specifically in reference to legal action toward property. In the 1970's, the NYC government significantly increased the stock of publicly owned affordable housing by using in rem jurisdiction to claim privately owned abandoned properties.
In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.
Term: JUS IN REM. Definition: Jus in rem means the right to a thing. It is a Latin term that refers to a legal right that a person has over a property or asset. This right is enforceable against anyone who tries to interfere with it. It is also known as a real right or a right in rem.
A judgment in rem operates as res judicata against all, while a judgment in personam operates only between the parties involved RAMAKANT TIWARI VS STATE OF U. P. - AllahabadJagdish Narain Tandon VS State of U. P. - Allahabad.
C.L.Pasupathy vs The Engineer In Chief (Wro) on 29 August, 2008. R.Balakrishnan vs The Joint Secretary on 4 September, 2015. Union Of India vs Satish Kumar Ranjan on 21 September, 2016. R.Balakrishnan vs The Joint Secretary on 4 September, 2015. Ramachandran Panakam vs Union Of India on 20 October, 2021.
In personam (personal) jurisdiction is the authority over a person, subject matter jurisdiction is the authority of the type of case, and in rem (property) is the authority over property.
Right in Rem: Does not establish a specific relationship between the parties. The right exists independently of any particular relationship. Right in Personam: Establishes a specific relationship between the parties, often arising from contractual obligations or agreements.
In summary, judgments in rem have a global impact on the legal status of individuals or things, binding everyone, while judgments in personam are confined to the parties involved in the legal proceedings, typically arising from contractual, tort, or criminal matter.
An accion in rem verso is considered merely an auxiliary action, available only when there is no other remedy on contract, quasi-contract, crime, and quasi-delict.
In rem is Latin for “related to a thing”. In contrast to an action in personam, an action in rem is a proprietary action brought against the object that is the subject of a dispute.
