In rem
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In rem is Latin for "against a thing."[1] In a lawsuit, an action in rem is directed towards a piece of property rather than against a person (which is an in personam or personal action). The action disputes or seeks to transfer title to property. When title to real estate (such as 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. In an in rem action the proper jurisdiction is where the property is located.
- ^ Garner, Bryan (2006). Black's Law Dictionary. St. Paul, MN: Thompson/West. pp. 362.
[edit] See also
- Jurisdiction in rem
- Jus ad rem, 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.
