Ad Personam Legal Definition
A court competent for a particular place may exercise in Personam the jurisdiction of a person who resides, maintains links or is informed of legal proceedings in that place. It may also exercise its jurisdiction over a person who agrees to submit to it. In personam differs from in rem, which applies to the property or the “whole world” instead of a specific person. This technical distinction is important in determining where to sue and how to serve a defendant. In personam means that a judgment against the person can be enforceable wherever he or she is. On the other hand, if the action seeks to determine the ownership of property (in rem), the action must be brought where the property exists and is enforceable only there. [1] Literally “against the person”. In personam refers to the power of courts to rule on matters against a party that are different from actual proceedings on disputed property. Jus in personam is a Latin term that means right against a person.
This means the right to enforce a particular person`s obligation by taking legal action against that person. In other words, it means that the beneficiary has the right to invoke against a particular person the acquisition of a right that invokes against the whole world and, consequently, his right to an act of transfer or transfer on the part of the obligated person. In person, judgments can be enforced against the person in which they are located, while property disputes must take place in their respective locations. “In personam.” dictionary Merriam-Webster.com, Merriam-Webster, www.merriam-webster.com/dictionary/in%20personam. Retrieved 14 January 2022. In personam is a Latin expression that means “against a particular person”. In a dispute where the case is directed against a particular person, that person must receive a subpoena and a complaint (E&W, known as the Claim Details (CPR 1999) to give the court jurisdiction to hear the case, and the judgment applies to that person and is called an “in personam judgment”. See Material, Jurisdiction, Injunction, Civil Procedure Law, Personal Jurisdiction.