In Personam Legal Remedy
This chapter examines the type of right acquired by the applicant. In different subgroups of each, the choice is always between an in personam right (a personal right) and a real right (a property right) or both. In cases where both types of rights arise, the applicant must choose the one he wishes to realize. There are two extreme positions, neither of which is correct in English law. In extreme civil cases, the only reaction to the event described as unjust enrichment is an in personam right, which entitles the claimant to restitution from the enriched person. The other is that each case of unjust enrichment generates both a personal right and a real right. Whatever the future of the exclusive response to unjust enrichment, the need to limit restitution to surviving enrichment is no longer a reason to eliminate current personal rights. In all cases of questionable transfer, unjust enrichment will be cancelled by withdrawal and the resulting withdrawal measures will be taken. A personal action only determines the rights between the respective parties to the claim and does not affect the rights of other third parties.
Thus, an in personam right can only be invoked against a party to the dispute. It must be compared with a real claim. IN PERSONAM, recourse. An in personam appeal is a remedy in which the proceedings are directed against the person, as opposed to those directed against certain things, or in rem. (S. A.) 3 bouv. Inst. No.
2646. In personam is a Latin expression meaning “against a certain person”. In litigation where the case is directed against a particular person, that person must receive a subpoena and a complaint (E&W, known as Claim Details (RPC 1999) in order to give the court jurisdiction to hear the case, and the judgment applies to that person and is called an “in personam judgment”). At the end of the lesson, the student will be able to: 1. define in personam. 2. Explain the fundamental difference between so-called inpersonam decrees and monetary judgments. 3.
Discuss how orders in personam are enforceable through contempt. 4. Give an example of why in personam remedies are granted at its discretion. 5. To analyse some of the political reasons for further distinguishing between decrees inpersonam and monetary judgments. adj. (purring-soh-nam) from Latin for “directed to a specific person”. In a dispute where the case is directed against a specific person, that person must receive a subpoena and a complaint in order to give the court jurisdiction to hear the case, and the judgment applies to that person and is called an “in personam judgment.” In personam, we differ from material, which refers to property or the “whole world” rather than to a specific person. This technical distinction is important in determining where to file an application and how a defendant is to be served.
In personam means that a judgment against the person can be enforceable wherever they are. On the other hand, if the action seeks to determine ownership of property (in rem), the claim must be filed where the property exists and is enforceable only there. A court having jurisdiction over a particular place may, in personam, exercise jurisdiction over a person who resides, has links or is informed of judicial proceedings in that place. It may also exercise its jurisdiction over a person who agrees to be subject to it. A personal action may affect the defendant`s personal rights and interests and, essentially, all of his property. It is based on the authority of the court or jurisdiction over the person as an individual and not on jurisdiction over specific property belonging to the person. This contrasts with actual jurisdiction or actions limited to the defendant`s property, which are under the control of the court. A court that has personal jurisdiction in a particular case has enough power over the defendant and his property to render a judgment that affects the defendant in almost every way. In personam, judgments can be enforced against the person in which he is, while property disputes must take place in his respective place.
Literally “against the person”. In personam refers to the power of courts to decide cases against a party, as opposed to real estate litigation proceedings. Enter your library card number to sign in. If you are unable to log in, please contact your librarian. For librarians and administrators, your personal account also provides access to institutional account management. Find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. A personal account can be used to receive email notifications, save searches, purchase content, and activate subscriptions. (Latin, against the person.) An action for judgment that is specifically enforceable against a single person. Select this option to get remote access when you are away from your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution`s website and Oxford Academic. Members of the Society can access a journal in one of the following ways: Access to content on Oxford Academic is often made possible through subscriptions and institutional purchases.
