| 释义 |
‖ quasi in rem, advb. phr. U.S. Law.|ˈkweɪsaɪ ɪn rɛm|
[L., ‘as if against a thing’.]
Used of proceedings in a court with limited jurisdiction, having no power over a defendant's person (see quots.). Also attrib.
1887U.S. Reports CXIX. 187 There is, however, a large class of cases which are not strictly actions in rem, but are frequently spoken of as actions quasi in rem, because, though brought against persons, they only seek to subject certain property of those persons to the discharge of the claims asserted. 1904Atlantic Reporter LVII. 555/2 In suits quasi in rem, that is, where the suit is against the person in respect of the res—where, for example, it has for its object partition or the sale or other disposition of defendant's property within the jurisdiction to satisfy plaintiff's demand by enforcing a lien upon it—personal service within the jurisdiction or appearance is not necessary. 1910H. C. Black Law Dict. (ed. 2) 608/1 Quasi in rem. A term applied to proceedings which are not strictly and purely in rem, but are brought against the defendant personally, though the real object is to deal with particular property or subject property to the discharge of claims asserted. 1963C. A. Wright Handbk. Law of Federal Courts x. 236/2 State statutes which commonly permit so-called ‘quasi-in-rem’ actions, which are commenced by attachment or garnishment of property within the state, with notice to the person outside the state against whom the claim is asserted. 1970Internat. & Compar. Law Q. XIX. 181 One finds an interesting description..[of] the American quasi in rem jurisdiction. 1972N.Y. Law Jrnl. 22 Aug. 12/5 The court is mindful of the quasi in rem judgment granting replevin to plaintiff by a Florida court of competent jurisdiction. |