Legal Definition and Related Resources of In rem

(Lat.) A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam. Proceedings in rem include not only those instituted to obtain decrees or judgments against property as forfeited in the admiralty or the English exchequer, or as prize, but also suits against property to enforce a lien or privilege in the admiralty courts, and suits to obtain the sentence, judgment, or decree of other courts npon the personal status or relations of the party, such as marriage, divorce, bastardy, settlement, or the like. 1 Greenl. Ev. §§ 525, 641. Courts of admiralty enforce the performance of a contract, when its performance is secured by a maritime lien or privilege, by seizing into their custody the very subject of hypothecation. In these suits, generally, the parties are not personally bound, and the proceedings are confine to the thing in specie. Brown, Civ. & Adm. Law, 98. And see 2 Gall. C. C. (U. S.) 200; 3 Term R. 269, 270. There are cases, however, where the remedy is either in personam or in rem. Seamen, for example, may proceed against the ship or freight for their wages, and this is the most expeditious mode ; or they may proceed against the master or owners. 4 Burrows, 1944; 2 Brown, Civ. & Adm. Law, 396. See, generally, 1 Phil. Ev. 254; 1 Starkie, Ev. 228; Dane, Abr.; Serg. Const. Law, 202, 203, 212; Pars. Mar. Law. “Various definitions have been given of a judgment in rem, but all are criticised as either incomplete or comprehending too much. It is generally said to be a judgment declaratory of the status of some subject matter, whether this be a person or a thing. Thus, the probate of a will fixes the status of the document as a will. The personal rights and interests which follow are mere incidental results of the status or character of the paper, and do not appear on the face of the judgment. So, a decree establishing or dissolving a marriage is a judgment in rem, because it fixes the status of the person. A judgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revenue laws, is a judgment in rem. But it is objected that the customary definition does not fit such a case, because there is no fixing of the status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many others, the judgment is conclusive against all the world, without reference to actual presence or participation in the proceedings. If the expression ‘strictly in rem’ may be applied to any class of cases, it should be confined to such as these. A very able writer says: ‘The distinguishing characteristic of judgments in rem is that, wherever their obligation is recognized and enforced as against any person, it is equally recognized and enforced as against all persons. It seems to us that the true definition of a judgment in rem, is “an adjudication” against some person or thing, or “upon the status of some subject matter,” which, wherever and whenever binding upon any person, is equally binding upon all persons.” 10 Mo. App. 78.

In Rem Legal Definition

A procedural term used to designate proceedings or actions instituted against the thing, in contrast to actions instituted in personam or against the person.

Translate In Rem from English to Spanish

Translation of In Rem, with examples. More about free online translation into Spanish of Término técnico para designar un proceso o acción contra un objeto and other legal terms is available here.

• Término técnico para designar un proceso o acción contra un objeto
• Legal English Translation

United States Constitutional Meaning of In Rem

A manner of proceeding in a case so that the decision and remedy affect the status of property with reference to the whole world rather than to particular individuals.

Latin Definition

against the thing

Other Latin Constitutional Definitions in the Law Dictionary

• dictum
• in personam
• in rem
• ultra vires
• per curiam
• amicus curiae
• ex post facto
• ex parte
• ex relatione
• nolo contendere
• de facto
• de jure
• in forma pauperis
• in re
• ratio decidendi
• obiter dictum
• seriatim
• certiorari
• stare decisis
• subpoena
• mandamus
• habeas corpus

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This definition of In Rem is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

In rem in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of in rem.

In Rem in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of In Rem, produced by Tetley, in the context of admiralty law: (against the thing) – A type of legal proceedings, taken in an admiralty court in a common lawjurisdiction, against the ship (and sometimes against cargo and/or freight) (the res) as defendant, in respect of particular types of maritime claims (e.g. to enforce a claim secured by a maritime lien (see this maritime law term in this legal dictionary) or a statutory right in rem (see this maritime law term in this legal dictionary)). The taking of an action in rem is generally accompanied by the arrest (see this maritime law term in this legal dictionary) of the res, which provides pre-judgment security for the claim and confirms the admiralty court’s
in rem jurisdiction. Where an action in rem is successful, the judgment may be enforced against the res by way of judicial sale. If the defendant files an appearance in the action in rem, however, the action proceeds as a combined action in personam and in rem, and an eventual judgment in the plaintiff’s favour may then be executed against both the res and the defendant’s other personal assets. On in rem jurisdiction, see Tetley, Int’l. C. of L., 1994 at p. 795; Tetley, Int’l. M. & A. L., 2003 at pp. 404-408. In the United Kingdom, an action in rem is now termed a “claim in rem”. See paras. 3.1 to 3.5 of Practice Direction 61 (Admiralty Claims), promulgated under Part 61 (Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, as amended with effect from March 25, 2002.

The action in rem does not exist in civilian jurisdictions, but in such jurisdictions, the action in personam (see this maritime law term in this legal dictionary) may be accompanied by the saisie conservatoire (conservatory attachment) (see this maritime law term in this legal dictionary) of the ship, cargo or freight, which, like the action in rem, provides pre-judgment security for the claim. See Tetley, M.L.C., 2 Ed., 1998 at pp. 958-985; Tetley, Int’l M. & A. L., 2003 at p. 406.

Resources

See Also

• Law Enforcement Officer
• Police Work
• Law Enforcement Agency

Further Reading

• in rem in A Dictionary of Law Enforcement (Oxford University Press)
• in rem in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Concept of In Rem in the context of Real Property

A short definition of In Rem: Pertaining to property or people in general.

Concept of In Rem in the context of Real Property

A short definition of In Rem: Pertaining to property or people in general.

In Rem in Admiralty Law

For information on in rem in this context, see the entry on in rem in the maritime law encyclopedia.

In Rem

In Rem