Explain the legal word In rem

Question: Explain the legal word In rem.

Find the answer only on Legal Bites. [Explain the legal word In rem.]

Answer

In rem is a legal phrase of Latin origin. In Latin, the phrase literally means ‘against a thing’. A judgment in a suit is binding only upon the parties to the suit and their privies. As a general principle, a transaction between two parties in judicial proceedings ought not to be binding upon a third, for it would be unjust to bind any person who could not be admitted to make a defense, examine witnesses, or appeal from a judgment he might think erroneous.

There are, however, certain judgments that bind all the world and not only the parties to the proceeding in which they were passed and their privies. A judgment that is binding upon the parties and their privies only is called a judgment in personam. A judgment that binds the entire world is called a judgment in rem. Judgments in rem are dealt with in the Indian Evidence Act, Section 41.

In rem is a legal term that refers to the authority that a court has over the property (real or personal) or a “status” against a person over whom the court has no jurisdiction in personam. The term “jurisdiction in rem” refers to a case in which the property or status is the major focus of the litigation rather than personal culpability unrelated to the property.

In general, in rem refers to a lawsuit or other legal action brought against a piece of property rather than a specific individual. The phrase is significant since the location of the property determines which court has jurisdiction, and a judgment must be enforced against the property rather than a person. ‘In rem’ is distinct from ‘in personam,’ which is addressed to a specific individual.

An action in rem is a court proceeding that ignores the property owner and establishes rights in the property that are conclusive against all others. The goal of in-rem procedures is to determine the property’s disposition, regardless of who owns it or who else may have a stake in it. A case may be made out by interested parties, but the action is in rem, or against the things, i.e. the property.

Important Mains Questions Series for Judiciary, APO & University Exams

• CPC Mains Questions Series: Important Questions Part – I of X
• CPC Mains Questions Series: Important Questions Part – II of X
• CPC Mains Questions Series: Important Questions Part – III of X
• CPC Mains Questions Series: Important Questions Part – IV of X
• CPC Mains Questions Series: Important Questions Part – V of X
• CPC Mains Questions Series: Important Questions Part – VI of X
• CPC Mains Questions Series: Important Questions Part – VII of X
• CPC Mains Questions Series: Important Questions Part – VIII of X
• CPC Mains Questions Series: Important Questions Part – IX of X
• CPC Mains Questions Series: Important Questions Part – X of X