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NeCede's

Maxim 8.5.35

The action in personam is that by which we sue him who is under obligation to us to do something or give something.

Source: Dig. 44, 7, 25; Bract. 101b; Dig. 50, 17, 41; Weisman, 75n Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An action in personam lies against a specific person who is under a personal obligation to do or give something — it follows the debtor, not the property.

Where this applies

  • A landlord sues a specific tenant who owes back rent — this is an action in personam because it targets the individual who is personally obligated to pay.
  • A lender sues a borrower personally for failing to repay a loan, seeking a judgment against the borrower's assets wherever they may be found.
  • An employer sues a former employee for violating a non-compete agreement — the claim follows the person, not any particular piece of property.

Legal domains

Cite this maxim

NeCede Max. 8.5.35 — The action in personam is that by which we sue him who is under obligation to us to do something or give something. — Dig. 44, 7, 25; Bract. 101b; Dig. 50, 17, 41; Weisman, 75n

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