1. The distinction between actions in rem and actions in personam 44.

2. The distinction between actions in rem and actions in personam

3. ACTIONS IN REM AND IN PERSONAM Types of admiralty actions 477.

4. At civil law, in fact, he has no right in personam either.

5. (1) Admiralty actions may be in rem or in personam, or both.

6. (a) the admiralty action continues both in rem and in personam; or

7. The action must be based on a right in rem and not on a right in personam.

8. The traditional view of a trust is that it was enforceable only in personam, that is against the trustee.

9. There are, however, profound and substantial differences between actions in rem and actions in personam to protect immovable property against interference.

10. Consequently, his action is not an action in rem within the meaning of Article 16(1) of the Convention but an action in personam.

11. The action must be based on a right in rem and not, apart from the exception for tenancies of immovable property, on a right in personam.

12. In the case for example of the comparison between an action in personam resulting from a tort and an action in rem the distinction is relatively straightforward.

13. At the material time, Article 2262 of the French Civil Code provided: ‘All actions, whether in rem or in personam, shall be time-barred after 30 years ...’.