Action In Personam
The term action in personam is used mostly in legal proceedings because Roman law heavily influenced our judicial system. Many terms used in law have their roots in Roman law, not only this and the Latin language is a cornerstone to those practicing law, not only in the US.
The term isn’t used in everyday language as there are perfect equivalents for it in every language. The fact that in the legislature, we, and so many other countries, still use Latin terminology or terms derived from Latin works as a testament to the impact the Roman Empire had on some essential aspects of the modern world.
But what is personam, or in personam? The term comes from the Latin “in personem”, meaning “against a person” and not another person, item, or possession. It refers to only one person, in particular, that is known or otherwise named.
What Action in Personam means in Law
Action in personam is a term used in judicial proceedings for actions brought against a person and not a property. Judicial proceeding in personam will be against the person rather than against the person's property or anyone else and anything else. In common law, it seeks the payment for a debt or damages incurred like the case can be for a divorce suit that involves real estate property as part of the assets, the lawsuit is against the person, not their house.
To put it more plainly, when a lawsuit is filed in court, it can either be made “in personam” or “in rem”, which means that it can either be against a person or anything else. This leads to the term action in personam being equivalent to “action brought against a particular person”. The concept comes from a legal interest that comes from an obligation and action between people. As a result, if a judgment is passed in personam it firstly affects the individual, and only after that does it affect the individual’s property and assets.
Popular Real Estate Terms
Number of small holes in a wall allowing water to drain from it. This makes the walls able to withstand water pressure. ...
Tax deduction permitted upon the transfer of property from one spouse to another. The deduction is allowed under the federal gift tax for lifetime transfers or under the federal estate tax ...
One of a series of inclined structural supports supporting a roof. ...
Attorney whose name officially appears in permanent records of a case or an appeal thereto, or on the appearance docket. It gives public notice of the attorney who is handling the case. ...
generic name of the form used to file taxes payable to a federal, state, or local government. The tax return includes items such as gross income, deductions, tax credits, and tax due. ...
You’ll find the most common definition and use of the term ‘perimeter’ in mathematics, more precisely geometry, to determine an item’s or land’s surface area. ...
Individual or entity that divides up a large piece of owned land into smaller pieces generally for the purpose of developing them into homes for sale in the future. ...
The part of the amount received from selling or exchanging real property that is taxable income. ...
Nationwide group of independent real estate brokers who cooperate together and share information regarding clients who are seeking to relocate from one area of the country to another. The ...
Have a question or comment?
We're here to help.