In personam
In today's article, we are going to explore everything related to In personam. From its origins to its impact on today's society, In personam has generated great interest in different areas. Throughout history, In personam has played a fundamental role in people's lives, affecting both personal and social levels. Furthermore, its influence has transcended borders and has generated debates and research in various fields. Through this article, we will delve into the world of In personam to understand its relevance today and to reflect on its role in our daily lives.
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In personam is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CPR 1999)) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment".
In personam is distinguished from in rem, which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.
See also
References
- ^ Black, Henry Campbell (1910). A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern: And Including the Principal Terms of International, Constitutional, Ecclesiastical, and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims... (2 ed.). West Publishing Co. p. 606.