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
In real estate, the term "preamble" refers to an introductory statement that outlines the fundamental principles and goals guiding the industry's practices. Specifically, in the National ...
Transfer of both real and personal property. An example is the sale of a home with personal belongings. Putting together a group of property to be sold together, perhaps at a discount ...
Absence of a personal liability such as when a creditor may seize an office building used as security for the obligation but cannot attach any other assets of the debtor. ...
Same as term nonconforming use: Property use which is in violation of the current zoning ordinance, but had been in use prior to the zoning ordinance's enactment. A nonconforming use is ...
Provision in a lease agreement allowing the landlord to raise the rental to take into account inflation, higher upkeep costs, and higher interest rates. An index may be used such as the ...
To understand what a principal broker is, we have to go back up the family tree of real estate.You do understand all brokers can be real estate agents, but not every real estate agent can ...
An agreement specified in the lease providing the tenant the option to renew the lease for a given time period upon the expiration of the initial lease. Most lease options include the ...
Siding made out of aluminum, plastic derivates, or cement asbestos having ridges and valleys which is attached to the sides of buildings. ...
Corporation whose stockholders are taxed as partners. That is, income is taxed as direct income to the shareholders. The key advantage of this tax treatment is that shareholders escape ...
Have a question or comment?
We're here to help.