Maxim 8.5.29
The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property.
Source: Dig. 44, 7, 25; Bract. fol. 102; Weisman, 75b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) An action in rem is directed against the property itself and follows it into the hands of whoever possesses it — the claim attaches to the thing, not the person.
Where this applies
- A property owner files an in rem action to reclaim a stolen painting from whoever currently possesses it, regardless of how many times it has changed hands.
- A government seizes a boat used in drug trafficking through an in rem forfeiture action directed at the vessel itself, not its owner.
- A creditor files a maritime lien against a ship — the claim follows the vessel into any port and against any possessor.
Legal domains
Cite this maxim
NeCede Max. 8.5.29 — The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property. — Dig. 44, 7, 25; Bract. fol. 102; Weisman, 75b
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