In rem
In rem refers to a legal claim or right directed against a thing or property, rather than against a person.
In Dutch law and private international law, the term 'in rem' denotes claims relating to a specific asset, such as immovable property, a ship or other movable property. The distinction from 'in personam' is significant because an in rem claim affects the asset itself and often results in enforcement or attachment of that object.
This type of action is relevant in ownership disputes, mortgages, attachments and enforcement sales, where the judgment has direct effect on the asset irrespective of any subsequent change in ownership. In practice, the concept is chiefly used in international disputes or where a creditor seeks recourse against a particular asset.
Dutch courts apply the distinction, inter alia, in the recognition of foreign judgments and in determining jurisdiction in matters with a foreign element.
“The bank levied an in rem attachment on the registered property to recover its mortgage claim.”
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