Users' questions

What is in rem in legal term?

What is in rem in legal term?

From Latin, “against a thing.” Concerning the status of a particular piece of property. For instance, in-rem jurisdiction refers to the power of a court over an item of real or personal property. In-rem jurisdiction is based on the location of the property and enforcement follows property rather than person.

What is an in rem right?

In rem is Latin for ‘towards the world’. In law, it refers to a right or an action that is enforceable against the world, and may also be referred to as general liability. This is in contrast to a right or action in personam. Examples of in rem legal rights include property rights, easements, and status. …

What does res mean in law?

Legal Definition of res 1 : a thing (as a property, interest, or status) as opposed to a person that is the object of rights and especially that is the subject matter of litigation a court with jurisdiction over the res of the suit — compare in personam, in rem, quasi in rem.

Which is the best definition of in rem?

Also found in: Dictionary, Financial, Wikipedia. In Rem. [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.

What’s the meaning of a lawsuit in rem?

In Rem [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.

What does the law say about rights in rem?

In principle, the law could say that rights in rem willaffect John, full stop. In practice, contemporary English land law takes a more complex position, whereby John will commonly be affected only if certain circumstances are present.

When does the government proceed against property in rem?

: against or with respect to a thing (as a right, status, or interest in property) without reference to the persons involved when the Government is proceeding against property in rem — Austin v. United States, 509 U.S. 602 (1993) an in rem action — see also in rem jurisdiction at jurisdiction — compare in personam, quasi in rem