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  • Types of Court Proceedings

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    marie deniega
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    In personam proceedings enforce personal rights and obligations against a defendant based on the court's jurisdiction over the person. The purpose is to impose liability directly on the defendant. In rem proceedings determine the status of a particular property and are binding only on the parties involved. Quasi in rem proceedings name an individual defendant but the purpose is to subject their interest in a property to a claim or obligation burdening the property. The judgment only affects the rights of the parties in the case. Examples given include foreclosure, attachment of property, and actions regarding title to land.

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    Remedial Law Review

    Original Title

    In Personam

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    In personam proceedings enforce personal rights and obligations against a defendant based on the court's jurisdiction over the person. The purpose is to impose liability directly on the defendant. In rem proceedings determine the status of a particular property and are binding only on the parties involved. Quasi in rem proceedings name an individual defendant but the purpose is to subject their interest in a property to a claim or obligation burdening the property. The judgment only affects the rights of the parties in the case. Examples given include foreclosure, attachment of property, and actions regarding title to land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    425 views2 pages

    Types of Court Proceedings

    Uploaded by

    marie deniega
    In personam proceedings enforce personal rights and obligations against a defendant based on the court's jurisdiction over the person. The purpose is to impose liability directly on the defendant. In rem proceedings determine the status of a particular property and are binding only on the parties involved. Quasi in rem proceedings name an individual defendant but the purpose is to subject their interest in a property to a claim or obligation burdening the property. The judgment only affects the rights of the parties in the case. Examples given include foreclosure, attachment of property, and actions regarding title to land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    in personam In rem Quasi in rem

    A proceeding in personam is a In an action quasi in rem, an


    proceeding to enforce personal individual is named a defendant
    rights and obligations brought and the purpose of the
    against the person and is based proceeding is to subject his
    on the jurisdiction of the person, interests to the obligation or
    although it may involve his right loan burdening the
    to, or the exercise of ownership property. Actions quasi in
    of, specific property, or seek to remdeal with the status,
    compel him to control or dispose ownership or liability of a
    of it in accordance with the particular property but which are
    mandate of the court. The intended to operate on these
    purpose of a proceeding in questions only as between the
    personam is to impose, through particular parties to the
    the judgment of a court, some proceedings and not to ascertain
    responsibility or liability directly or cut off the rights or interests
    upon the person of the of all possible claimants. The
    defendant. judgment therein is binding only
    upon the parties who joined in
    the action
    action for reconveyance action for partition, action for A judicial foreclosure proceeding
    (available to a person whose accounting, attachment, is an action quasi in rem
    property has been wrongfully foreclosure of mortgage.
    registered under the Torrens attachment
    system in anothers name.)
    An action for annulment of
    certificate of title is quasi in rem.
    It is not an action "against a
    person on the basis of his
    personal liability,"94 but an
    action that subjects a persons
    interest over a property to a
    burden
    Action for breach of contract expropriation partition
    Interpleader Petition for declaration of Foreclosure of chattel mortgage
    absolute nullity of void
    marriages and annulment of
    voidable marriages
    Recovery of sum of money Petition for legal separation
    Action for recission of contract Petition for change of name
    Forcible entry Land registration proceeding Quieting of title
    Unlawful detainer Probate of will
    Petition for indirect contempt
    Petition for relief from judgment
    or order
    Petition for certiorari
    Petition for Prohibition
    Petition for Mandamus
    Complaints filed under the
    Interim Rules of Procedure on
    Intra-Corporate Controversies,
    as well as the Answer thereto
    Election protests or petitions for
    quo warranto relating to elective
    municipal and barangay officials
    filed with the general courts
    Actions for recovery of real
    property are in personam.
    injunction
    Replevin
    Support
    Damages

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