Definition of "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.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Permanent structure protruding from the side of a building. In addition to providing shelter, a marquee is often used as an advertising format. For example, a movie theater marquee lists ...

Combination of IRC 1034 and 121 dealing with the sale of a personal residence with the once-in-a-lifetime $125,000 exclusion that may be available for the "over-55" seller. Should the ...

Tax assessed on a transfer of property made without adequate legal consideration. This tax is based on the appraised value of the property at the time of transfer.Also, gifts of property ...

(1) Individual or business that is engaged to do some sort of construction work for another for a fee. There are basically three types of contracting: A general contractor enters into a ...

A certificate of ownership in a real estate company. Pledged assets for a borrowing. An example is an office building serving as collateral for the mortgage. Way of protecting property ...

As a suburban nation with the majority of Americans living in the suburbs, the actual classification of suburbs had long been expected. Still, recently, three academic approaches for ...

Legal record used to create a condominium. It encompasses the description of the property, common elements, ownership units, and acceptable uses of the residence. ...

A property title evidencing ownership such as provided in an abstract of title. There are no contingent liabilities or prior unresolved ownership claims. ...

The term apportionment can be easily applied to many contexts. For example, apportionment in insurance is concerned with how the loss is allocated between two or more insurance companies ...

Popular Real Estate Questions