In R. Viswanathan vs Rukn-Ul-Mulk Syed Abdul Wajid, it was stated that “Roman jurists recognized a right as jus in rem or jus in personam. According to its literal meaning in rem is just in relation to a thing, we in personam is a right against or in relation to a person. In modern legal terminology, a right in rem postulates the obligation to recognize the right generally imposed on all persons, a right in personam postulates an obligation imposed on a particular person or category of persons. A real action is a procedure that does not take note of the owner of the property, but establishes rights over the property that are conclusive against the whole world. For example, a lawsuit to determine whether certain goods illegally imported into the United States should be forfeited may be titled United States v. Thirty-nine Thousand One Hundred and Fifty Cigars. The purpose of the lawsuit is to determine the disposition of the property, regardless of who the owner is or who else may have an interest in it. Interested parties can appear and settle a case in one way or another, but the action is material, against things.
In U.S. state court systems, substantive jurisdiction may refer to the power that the state court can exercise over a person`s real or personal property or marital status. State courts have the power to determine legal ownership of real or personal property within the borders of the State. If you need help initiating real action, you can post your legal requirements on UpCounsel`s marketplace. UpCounsel only accepts the top 5% of lawyers on its website. UpCounsel lawyers come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures, and Airbnb. Adj. from the Latin “against or about a thing”, which refers to a lawsuit or other legal action directed against property rather than against a specific person. So if ownership is the issue, the claim is “in rem.” The term is important because the location of the property determines which court has jurisdiction, and the enforcement of a judgment must be directed against the property and does not follow a person. “In rem” is different from “in personam”, which is addressed to a specific person. (See: in personam) In the U.S.
federal court system, substantive jurisdiction generally refers to the power that a federal court can exercise over large real estate or real property within the jurisdiction of the court. The most common circumstance in which this occurs in the Anglo-American legal system is when a claim is brought under Admiralty law against a ship to repay debts arising from the operation or use of that ship. The application of this type of jurisdiction in asset forfeiture cases is controversial because it has been increasingly used in situations where the possessed party is known as what would make him the presumed owner by historical common law standards, and yet the prosecution and the court assume that he is not the owner and proceed accordingly. This type of procedure has been used to seize large sums of money from people suspected of having received the money illegally because of the large amount, often in situations where the person could prove that they were lawfully detained but was forced to spend more on attorney fees when the amount of money expired. [2] In rem is a legal term that defines the power that a court can exercise over property (real or personal) or a “status” against a person over whom the court does not have jurisdiction in personam. Jurisdiction in rem means that ownership or status is the main focus of the dispute and not personal liability, which is not actually related to the property. The in rem action is a type of court case that is used to decide the title of a property, as well as the rights granted to the parties listed in the title.3 min read. It has been pointed out in British Shipping Laws, Volume 14: “Although the point is not without uncertainty, it is likely that a maritime lien is a substantive right, whereas a statutory real right is essentially a procedural remedy. The existence of a legal right of action in rem is intended to enable the plaintiff to establish jurisdiction and provide security. If there is a dispute related to title and title rights, the court will take an actual action to resolve the dispute.
This action determines title and its rights both for the parties to the case and for any party who may claim an ownership interest in the future. The real deed determines the final duties on immovable property.
