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In rem

In rem

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Published by BLP Cooperative

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Categories:Types, Research, Law
Published by: BLP Cooperative on Nov 28, 2011
Copyright:Public Domain

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11/20/2013

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 In rem
1
 In rem
 In rem
is Latin for "against a thing".
[1]
In a lawsuit, an action
in rem
is directed towards some specific piece of property, rather than being a claim for, say, monetary compensation against a person (which is an
in personam
orpersonal action). It focuses on proprietary title to property. Land is an example of a case where, when the title (e.g.who owns a house) is in dispute, an
in rem
action is used to deliver the land itself back to the rightful owner.The distinction between an
in rem
action and an
in personam
action is relevant to which jurisdiction a court casemay need to be filed in, for the purposes of conflict of laws and civil procedure. In an
in rem
action the right jurisdiction would be where the property actually is.
[1]Garner, Bryan (2006).
 Black's Law Dictionary
. St. Paul, MN: Thompson/West. pp. 362.

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