"Equity acts in personam, and not in rem." This maxim, at one time ex- pressing a rule without exception, has now become little more than a mnemonic. |
law and equity. When it is said that the law acts in rem while equity acts only in persoanam, it seems that what is in the mind of the person making the ... |
Its thesis is that the classical do,ctririe, that equitable estates and interests are merely rights in personani against the owner ( trustee or quasi-trustee) ... |
A Latin term meaning "against a thing." An in rem proceeding adjudicates the rights to a particular piece of property for every potential rights holder. |
It has long been recognized that equity may act in rem as well as in personam.16. Some courts claim that it is an inherent power of equity to affect the. |
The maxim of equity “equity acts in personam” refers to the fact that the Court of Chancery issued its decrees against the defendant himself, who was liable to ... |
Recommended Citation. H. L. Edwards, Equity Acts in Rem, 43 Dick. L. Rev. 60 (1938). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol43/iss1/3. |
"The fundamental difference between law and equity [is], namely, that the law acts in rem, while equity acts in personam." "Why is it, then, that equity ... |
However, Article 16(1) requires a court to decide whether the action involving immovable property is in rem to determine ... The maxim that equity acts in ... |
EQUITY ACTS IN PERSONAM · 1.The defendant has to be within the jurisdiction of the court. · 2.The order must not violate the legal rules of another country. · 3. |
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