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Right in rem

Updated: 4/28/2022
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15y ago

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In rem \In rem\ [L.] (Law)

Lit., in or against a (or the) thing;

Note: used:

(a) Of any right (called

right in rem or

jus in rem) of such a nature as to be available over its

subject without reference to one person more than another,

or, as generally expressed, a right competent, or

available, against all persons. Rights in rem include not

alone rights over physical property, but all rights

available against all persons indifferently, as those of

life, liberty, and reputation.

(b) Of actions for recovering or reducing to possession or

enjoyment a specific object, as in the enforcement of

maritime liens against a vessel, which is made the

defendant by a sort of personification. Most actions for

the specific recovery of property in English and American

law are in the nature of actions in personam against a

person alleged to be unlawfully withholding the property.

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