In rem in China

In rem (Latin, power about or against “the thing”) is a legal term describing the power a court may exercise over property (either real or personal) or a “status” against a person over whom the court does not have “in personam jurisdiction”. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.

Within the U.S. federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court’s jurisdiction. Within the American state court systems, jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person’s marital status. State courts have the power to determine legal ownership of any real or personal property within the state’s boundaries.

A right in rem or a judgment in rem binds the world as opposed to rights and judgments inter partes which only bind those involved in their creation.

However, in rem do not seem to be existant in the legal practice in China yet, although they have been topics for discussion in the academic circles.

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