What is a quasi in rem action?
A quasi in rem legal action (Latin, “as if against a thing”) is a legal action based on property rights of a person absent from the jurisdiction. The property could be seized to obtain a claim against the defendant.
What is in rem and quasi in rem?
Quasi in rem jurisdiction is similar to in rem jurisdiction in that it involves the court’s control of the property, but with quasi in rem jurisdiction, the identities of the defendants are usually known or identifiable. The court has quasi in rem jurisdiction over only the amount at which the property is valued.
What is the difference between in rem and quasi in rem?
What is the difference between REM and Quasi in REM? REM refers to an action against a property, which seeks to determine the ownership of or rights to that property. Quasi in REM involves a situation where the defendant’s property is seized to satisfy the plaintiff’s claim.
What type in personam in rem quasi in rem jurisdiction would the court?
Quasi in rem is a type of PERSONAL JURISDICTION exercised by a court over a party who owns property within the jurisdictional boundaries of the court. A court must have personal jurisdiction over the parties to a case before it can bind them with its decision.
What does REM mean in law?
against a thing
From Latin, “against a thing.” Concerning the status of a particular piece of property. For instance, in-rem jurisdiction refers to the power of a court over an item of real or personal property.
What is the difference between in rem and in personam jurisdiction?
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.
What are in rem rights?
[but] rights in rem have always been part of the effort to draft a civil code in the PRC.” “Rights in rem are defined to mean the rights by the right-holder to directly and exclusively control specific things (property); it includes ownership rights, usufruct and security interests in property.”
Does in rem jurisdiction still exist?
A warrant may be issued for the arrest of a foreign ship, provided the ship is within the territorial jurisdiction of the court. An action in rem does not necessarily result in a judgment in rem as the owner of the ship may enter a personal appearance and thus submit to the jurisdiction of the court.
What is a quasi in rem subtype 2 action?
A quasi in rem subtype 2 action is more complicated. In this type of action, a plaintiff may sue to apply the named property to satisfy his or her claim against the property’s owner, where the plaintiff’s claim is unrelated to the property.
Can a plaintiff obtain personal jurisdiction in a quasi rem case?
In most quasi in rem cases, the plaintiff is unable to obtain personal jurisdiction over the defendant, but the defendant has property in the state. Since the court’s sole basis of jurisdiction is the property, any judgment against the defendant can be satisfied only out of that property.
Can a respondent receive notice of a quasi in rem?
A respondent in a quasi in rem proceeding is entitled to receive notice of the proceeding. If the respondent makes an appearance to defend against a quasi in rem claim, he may be forced to defend against all the claims made by the plaintiff.
Who are the defendants in a rem action?
• In a REM action, the defendants are numerous, as opposed to a Quasi in REM action where the dispute revolves around the plaintiff’s claim and the defendant’s property.