The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - jus in personam

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Definition of jus in personam

Jus in personam refers to a legal right that an individual or entity possesses against a specific person or group of people, compelling them to fulfill an obligation or refrain from a particular action. This right is personal to the parties involved and is enforceable directly against that specific individual or entity, rather than against a piece of property or the world at large. It focuses on personal duties and responsibilities owed by one party to another.

  • Contractual Obligation: Imagine a freelance graphic designer who completes a logo design project for a client, but the client then refuses to pay the agreed-upon fee.

    In this scenario, the graphic designer has a jus in personam right against the client. This right allows the designer to legally demand payment from that specific client because the client has a personal contractual obligation to pay for the services rendered. The right is directed at the client as an individual or entity, not at any specific property the client owns (unless that property was explicitly part of the contract as collateral).

  • Personal Injury Claim: Consider a situation where a cyclist is injured because a car driver negligently failed to yield at an intersection, causing the cyclist to incur significant medical bills and lost wages.

    The injured cyclist has a jus in personam right against the negligent car driver. This right enables the cyclist to seek compensation directly from the driver for the harm caused. The driver has a personal legal obligation to compensate the cyclist for their negligence, and the right is enforceable specifically against that driver.

  • Debt Repayment: A small business owner takes out a personal loan from a bank to purchase new equipment for their company, signing a promissory note.

    The bank holds a jus in personam right against the business owner. This right allows the bank to demand repayment of the loan from the business owner according to the terms of the promissory note. The obligation to repay is a personal one for the business owner, and the bank's right is enforceable directly against them as an individual, compelling them to fulfill their financial commitment.

Simple Definition

Jus in personam is a Latin term referring to a legal right held by one person against a specific, particular individual. This right allows the holder to enforce an obligation owed by that specific person.

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