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NeCede's

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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