{"id":8797,"date":"2017-11-20T07:56:37","date_gmt":"2017-11-20T07:56:37","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8797"},"modified":"2017-12-11T04:09:55","modified_gmt":"2017-12-11T04:09:55","slug":"law-of-obligations-proprietary-rights-in-personam-the-relations-between-obligor-and-obligee","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8797","title":{"rendered":"Law of Obligations – the category of law dealing with the modes of acquiring property in personam (relating to persons), particularly relations between the obligor and the obligee"},"content":{"rendered":"

law of obligations<\/span>:<\/strong><\/span>
\n(17c)<\/span><\/p>\n

1. The category of law dealing with proprietary rights in personam<\/em> namely, the relations between obligor and obligee.\u00a0 *\u00a0 It is one of the three departments into which civil law was traditionally<\/span>\u00a0<\/span><\/strong>divided.\u00a0<\/strong> See IN PERSONAM.
\n<\/span><\/p>\n

 <\/p>\n

in personam<\/span>:<\/strong><\/span>
\n[Latin \u201cagainst a person\u201d]<\/span>
\n(18c)<\/span><\/p>\n

l. Involving or determining the personal rights and obligations of the parties. <\/strong><\/span><\/p>\n

2.<\/strong> Civil procedure<\/em>. (Of a legal action) brought against a person rather than property.<\/strong> \u2014 aka personal<\/strong><\/em><\/span>.\u00a0 See action in personam<\/em><\/a><\/strong>. \u2014 in personam<\/strong><\/span>, adv<\/em>.\u00a0[1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from R.H. Graveson’s\u00a0Conflict of Laws<\/em><\/a>\u00a0(7th ed. 1974):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAn action is said to be in personam<\/em> when its object is to determine the rights and interests of the parties themselves in the subject-matter of the action, however the action may arise, and the effect of a judgment in such an action is merely to bind the parties to it. A normal action brought by one person against another for breach of contract is a common example of an action in personam.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 It is one of the three departments into which civil law was traditionally divided: persons, property, and modes of acquiring property (obligations).\u00a0 In modern civil codes that follow the model of the German Civil Code, civil law is divided into five books: general principles, obligations, family law,\u00a0<\/strong>property, and succession<\/strong>.<\/span><\/p>\n

Law of Property<\/a><\/span> \u2013 the category of law dealing with proprietary rights in rem (relating to \u201cthings\u201d), such as personal servitudes, predial servitudes, and rights of real security.<\/strong><\/span><\/p>\n

Law of Status<\/a><\/span> \u2013 the category of law dealing with personal or nonproprietary rights, whether in rem (relating to \u201cthings\u201d) or in personam (relating to persons).<\/strong><\/span><\/p>\n

General Principle of Law<\/a><\/span> – a principle recognized in all kinds of legal relations, regardless of the legal system to which it belongs.
\n<\/strong><\/span><\/p>\n

Family Law<\/a><\/span> – marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, assisted reproductive technology, and other domestic-relations issues.<\/strong><\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0R.H. Graveson,\u00a0Conflict of Laws<\/em><\/a> 98 (7th ed. 1974).<\/span><\/strong><\/p>\n

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