Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat
In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.
Litis nomen omnem actionem signifzcat, sive in rem, sive in personam sit
The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam.
Sententia contra matrimonium nunquam transit in rem judicatam
A sentence against marriage never becomes a final judgment (i.e., res judicata).
Transit in rem judicatam
It passes into a judgment.
Tutor in rem suam auctor fieri non potest
A tutor cannot act for his own interest.
actio Publiciana in rem.
See actio Publiciana under ACTIO.
actio de in rem verso
See action de in rem verso under ACTION.
actio in rem
See action in rem under ACTION.
action de in rem verso
[Latin "action for money applied to (the defendant's) advantage"] Roman & civil law. An action for unjust enrichment, in which the plaintiff must show that an enrichment was bestowed, that the enrichment caused an impoverishment, that there is no justification for the enrichment and impoverishment, and that the plaintiff has no other adequate remedy at law, including no remedy under an express or implied contract. - Also termed actio de in rem verso.
action de in rem verso.
See ACTIW,
action in rem
An action determining the title to property and the rights of the parties, not merely among themselves, but also against all persons at any time claiming an interest in that property. - Also termed (in Roman law) actio in rem; actio realis. See IN REM.
action in rem.
See ACTION.
action quasi in rem
An action brought against the defendant personally, with jurisdiction based on an interest in property, the objective being to deal with the particular property or to subject the property to the discharge of the claims asserted. See quasi in rem under IN REM.
action quasi in rem.
See ACTION.
exceptio in rem
A plea or defense that is not of a personal nature but is connected with the legal circumstances on which the suit is founded, and that may therefore be alleged by any party in interest, such as an heir or surety of the proper or original debtor.
in rem
adj. [Latin "against a thing"] Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing. - Also termed (archaically) impersonal. - in rem, adu. See action in rem under ACTION: Cf. IN PERSONAM.
in rem judgment
See judgment in rem under JUDGMENT.
in rem jurisdiction
A court's power to adjudicate the rights to a given piece of property, including the power to seize and hold it. - Also termed jurisdiction in rem. See IN REM. Cf personal jurisdiction.
judgment in rem
See JUDGMENT.
judgment quasi in rem
See JUDGMENT.
jurisdiction in rem
See in rem jurisdiction.
jurisdiction quasi in rem
See quasi-inrem jurisdiction.
jus in rem
n. [Latin "right against a thing"] See JUS IN RE.
justice in rem
See social justice.
procurator in rem suam
[Latin] 1. Roman law. An assignee of a right of action. 2. Scots law. Procurator in his own affair. ( This phrase refers to a situation in which a person acts under a power of attorney with reference to property that the person has acquired.
quasi in rem
[Latin "as if against a thing"] Involving or determining the rights of a person having an interest in property located within the court's jurisdiction. See action quasi in rem under ACTION.
right in rem
A right exercisable against the world at large. - Also termed real right; jus in rem. See IN REM. "A right in rem need not relate to a tangible res. Thus a right that one's reputation should not be unjustifiably attacked is today described as a right in rem, since it is a right that avails against persons generally. This shows how far the conception has developed from the Roman notion of actio in rem, for one who sues to protect his reputation is not asking for judgment for a specific res. It should also be noticed that on breach of a right in rem, a right in personam arises against the aggressor." George Whitecross Paton, A Textbook of Jurisprudence 300 (G.W. Paton & David P. Derham eds., 4th ed. 1972).