In Rem Legal Action

Before the court can exercise its jurisdiction, all parties with a financial interest should be informed of the actual action so that they have an opportunity to bring an action. For example, a party could bring an action in rem against a ship or its cargo instead of the shipowner. An in personam lawsuit would be a case against the owner of the property. Real actions can be very effective if someone has a legitimate claim against a property. Substantive jurisdiction (“power over or against `the thing`”[1]) is a legal term that describes the power that a court can exercise over property (real or personal) or a “status” over a person over whom the court does not have jurisdiction in personam. Substantive jurisdiction assumes that property or status is the primary object of action and not personal responsibilities that are not necessarily related to property. Real actions may be brought against debtors` property to recover what is owed, and they are brought for the division of real property, the enforcement of mortgages and the enforcement of liens. They can be directed against real estate or personal property. Actual actions are admissible only if the court has control of the property or if its powers extend to the property. The substantive jurisdiction of a court can only be exercised after the parties known to have an interest in the immovable property have been informed of the proceedings and have had an opportunity to assert their rights before the court. The term real act comes from Roman law. Basically, real action is a kind of action against a good itself and not against the owner of a property. If there is a dispute related to title and title rights, the court will take an actual action to resolve the dispute.

This action determines title and its rights both for the parties to the case and for any party who may claim an ownership interest in the future. The real deed determines the final duties on immovable property. You must bring an actual action at the same place as the property in question. You must file a complaint if you cannot find the property. Jurisdiction is granted only once the property is found. A complicated question is whether the action takes place in rem or in personam. It is common for admiralty proceedings to take place in personam, meaning that the owner of the property is prosecuted. The person bringing the action has the right to choose whether to bring a personal or actual legal action.

In some circumstances, the proceedings involve both actions. It has been pointed out in British Shipping Laws, Volume 14: “Although the point is not without uncertainty, it is likely that a maritime lien is a substantive right, whereas a statutory real right is essentially a procedural remedy. The existence of a legal right of action in rem is intended to enable the plaintiff to establish jurisdiction and provide security. Federal courts in the United States generally have jurisdiction over Admiralty matters. A district court has jurisdiction over an action in rem only if the immovable property in question is physically located in the territory of the court at the time the action is brought. If someone has a lien on a ship or the cargo inside the ship, the ship can be stopped to enforce the privilege. The court of the district where the vessel was arrested has jurisdiction to hear the case. Remember that before an actual action can be brought, there must be a maritime lien. A court may admit an action in rem only if the jurisdiction of the court extends to the property or if it has direct jurisdiction. Actual measures can only be taken within the jurisdiction of the actual location of the property. Moreover, the judgment is not directed against the owner of the property, but only against the property itself. A real action is an action aimed at establishing the ownership and rights of the parties. Title and rights are determined not only between the parties to the dispute, but also against all persons who claim an interest in this property at all times.

It determines the property rights that are conclusive for the whole world. The action in rem is directed against movable or immovable property and may be brought against the property of debtors in order to collect what is due, to divide immovable property, to enforce mortgages and to enforce liens. An action in rem is admissible by a particular court only if that court has jurisdiction over the property or if jurisdiction extends to the property. The location of the property is important because the court can only hold the proceedings in the jurisdiction to which the land falls. The judgment can only be directed against the land and not against its owner. The jurisdiction of a court may be exercised only after the parties known to have an interest in the property have been informed of the proceedings and have had an opportunity to assert their rights before the court. A real action can decide both personal and immovable rights and, in many cases, a debtor will bring this action against land in order to recover the sums owed to him. Other reasons justifying the use of real measures are: IN REM, appeal.

This technical term is used to refer to proceedings or prosecutions brought against the case, as opposed to personal acts which are called in personam. Actual proceedings include not only judgments on property confiscated or as prizes of the Admiralty or the English Treasury, but also decisions of other courts on the level of staff or relations of the party, such as marriage, divorce, bastards, settlement or others. 1 green. Ev. §§ 525, 541. 2. The courts of the Admiralty enforce a contract by taking under their custody the object of the pledge; In such cases, the parties are not personally bound and the proceedings are limited to the case in question. Fr. Civ. and Adm. Law, 98; and see 2 Gall.

R. 200; 3 R. T. 269, 270. 3. However, there are cases where the remedy is either personal or in rem. Seafarers can, for example, take action against the ship or cargo to obtain their wages, and this is the quickest method; or they can take action against the owner(s). 4 ridges. 1944; 2 bro.

C. & A. Law, 396. See usually 1 Phil. Ev. 254; 1 Strong. Ev. 228; Dane is gone.

H.T.; Serg. Const. Act, 202, 203, 212. If necessary, an in personam action can be converted to a real action at a later date. An amendment would be necessary to transform a real procedure into a personal procedure. This can be done without first obtaining the consent of the requester or sending an additional procedural service. Generally, a violation of the maritime treaty creates a privilege, and the most effective solution to enforce that privilege is the use of real measures. There are several types of claims that can be the subject of a real action: In the judicial systems of the American states, substantive jurisdiction can refer to the power that the state court can exercise over a person`s real or personal property or marital status. State courts have the power to determine legal ownership of real or personal property within the borders of the State.