What is the difference between a judgment in rem and a judgment in personam?
A judgment in rem is a judgment against a thing or property. It is binding upon the world and is enforceable against all who have an interest in the property, regardless of whether or not they were parties to the litigation. For example, when a court issues a judgment in rem, the debtor’s property can be seized and used to pay the debt. A judgment in personam is a judgment against a person. It is only binding against the individuals or entities who were parties to the litigation. It does not affect the interest of non-parties in the property and does not give the judgment creditor the right to seize the property. For example, when a court issues a judgment in personam, the debtor is bound to pay the debt, but the creditor cannot enforce the debt against any third parties who have an interest in the property.
Related FAQs
What factors should be considered when selecting a forum for resolving an international dispute?What is the role of amicus curiae briefs in international litigation?
What is the role of third-party funding in international litigation?
What is the principle of comity in international litigation?
How can a party seek to vacate an arbitral award in an international court?
What are the differences between an executive agreement and a treaty in international litigation?
What is an amicable settlement in international litigation?
What is the difference between a trial and a hearing in international litigation?
What are the principles of res judicata and stare decisis in international litigation?
What are the rules governing the admission of evidence in an international court?
Related Blog Posts
An Overview of International Litigation Law - July 31, 2023Exploring the Different Types of International Litigation - August 7, 2023
Key Elements of an International Litigation Case - August 14, 2023
Preparing for International Litigation and Key Considerations - August 21, 2023
Stages of International Litigation and Their Implications - August 28, 2023