in personam

This term is used to describe a type of individual rights and obligations of parties. Actions in personam are brought against a legal person rather than property, in order to determine the rights and interests of the parties in the subject matter of the legal proceedings as against named individuals. In personam judgments are directed against and bind the parties to the litigation and not the world at large. Such proceedings do not affect the rights of third parties to the litigation.

In personam legal proceedings are brought with a view to force the defendant (1) to do something, such as pay damages, perform a contract, or (2) not to do something, such as refraining from continuing to infringement the claimant's intellectual property rights.

An English court derives its power to hear in personam proceedings from a number of sources. Firstly, Part 6 of the Civil Procedure Rules set out rules for service upon domestic and foreign defendants. Secondly, legislation and other enactments may establish jurisdiction over companies foreign countries, such as the Brussels Regulation, Civil Jurisdiction and Judgments Act 1982, Administration of Justice Act 1920, or the Foreign Jurisdiction (Reciprocal Enforcement) Act 1933.

Rights in equity are in personam rights.

Confer in rem.

[Latin: against a person]

Usage: An action for breach of contract is an action in personam.

Related Words: in rem; jurisdiction; litigation; res judicata; locus standi; foreign judgment; recognition of foreign judgments; final and conclusive judgment; claimant; respondent; judgment.