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
A loan indemnified against default by the borrower. Such loans may be a mortgage loan insured by a standard mortgage insurance policy or by FHA mortgage insurance. In the event of the death ...
Unincorporated combination (roll-up) of limited partnerships in a real estate together as a group. It is usually more comprehensive, financially sound, and marketable than individual ...
The concept of a release can define various meanings in the financial and real estate business. Typically, it establishes a discharge or literal escape from a loan borrower's economic ...
The company is not responsible to a third party if an account or financial instrument is dishonored by the debtor. The creditor's recourse is solely to the debtor's property. An example is ...
An official indicating intensity of land use in a zoned urban area. ...
An agreement allowing occupancy of a premises for a stated period of time provided certain terms are met. A limited occupancy agreement is most frequently used when a prospective buyer is ...
Charitable gesture, such as when real estate is donated to a charity. The fair market value of the donated property may be tax deductible as a charitable contribution. ...
The meaning of a grace period refers to a specific time after a payment’s due date. During this period, one can reimburse the amount without penalty, extra costs, or forfeiture. Find ...
Legal lien on property on behalf of an individual who has not been paid for material furnished in constructing property. The material enhanced the value of the property, and as such the ...
Have a question or comment?
We're here to help.