Action in rem

Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not the “thing” that is the party to an in rem action; only legal or natural persons may be parties even in in rem actions.60 The following are some of the examples of actions in rem: petitions directed against the “thing” itself or the res which concerns the status of a person, like a petition for adoption, correction of entries in the birth certificate; or annulment of marriage; nullity of marriage; petition to establish illegitimate filiation; registration of land under the Torres system; and forfeiture proceedings. – Frias vs. Alcayde

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Bryan Villarosa

Juris Doctor | Legal researcher, writer, and website developer.

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