right in personam
简明释义
对人权
英英释义
A right in personam refers to a legal right that is enforceable against a specific individual or entity, rather than against the world at large. | 人身权利是指可以对特定个人或实体进行强制执行的法律权利,而不是对全社会的权利。 |
例句
1.The court granted a remedy that recognized the plaintiff's right in personam 对人权利 to seek compensation.
法院授予了一项补救措施,承认原告的right in personam 对人权利以寻求赔偿。
2.The concept of right in personam 对人权利 is fundamental in private law.
在私法中,right in personam 对人权利的概念是基础。
3.A creditor has a right in personam 对人权利 against the debtor to collect the owed amount.
债权人对债务人拥有right in personam 对人权利以收回欠款。
4.The judge ruled that the defendant had violated the plaintiff's right in personam 对人权利 by failing to fulfill the contract.
法官裁定,被告因未履行合同而侵犯了原告的right in personam 对人权利。
5.In contract disputes, parties often rely on their right in personam 对人权利 to enforce the agreement.
在合同争议中,各方通常依靠他们的right in personam 对人权利来执行协议。
作文
In the realm of law, the concept of rights is fundamental to understanding how individuals interact with one another and the legal system. One such right that is often discussed is the right in personam, which refers to a personal right that is enforceable against a specific individual rather than against the world at large. This legal principle is crucial in distinguishing between various types of rights and obligations that exist within the framework of law.To better comprehend the significance of the right in personam, it is essential to explore its implications in different legal contexts. For instance, when a contract is formed, the parties involved enter into an agreement that creates specific obligations. If one party fails to fulfill their part of the deal, the other party can invoke their right in personam to seek remedies against the defaulting party. This means that the injured party has the legal authority to pursue the individual who breached the contract, rather than seeking redress from the public or society as a whole.Moreover, the right in personam is particularly relevant in tort law, where an individual may seek compensation for harm caused by another's actions. In these cases, the injured party asserts their right in personam against the individual who caused the injury, thereby holding them accountable for their actions. This aspect of personal rights emphasizes the importance of individual accountability in the legal system and reinforces the notion that individuals are responsible for their conduct towards others.The distinction between right in personam and right in rem is also noteworthy. While the former pertains to rights enforceable against specific individuals, the latter relates to rights concerning property that can be enforced against the world at large. For example, ownership of a piece of land is a right in rem because it grants the owner rights that are recognized universally, allowing them to exclude others from trespassing on their property. In contrast, a right in personam would only apply to contractual agreements or personal obligations between specific parties.Understanding the right in personam is vital for anyone studying law, as it lays the groundwork for comprehending more complex legal principles. It highlights the importance of personal relationships in legal transactions and underscores the need for individuals to honor their commitments. Furthermore, recognizing this type of right can help individuals navigate legal disputes more effectively, as they will understand the appropriate channels through which to assert their claims.In conclusion, the right in personam is a significant legal concept that plays a critical role in personal rights and obligations. By enforcing rights against specific individuals, this principle fosters accountability and ensures that individuals can seek justice in cases of wrongdoing. As we continue to engage with the legal system, grasping the nuances of rights such as the right in personam will empower us to advocate for ourselves and others more effectively. It is through this understanding that we can appreciate the intricate balance of personal liberties and responsibilities that define our interactions within society.
在法律领域,权利的概念对于理解个人之间以及与法律系统的互动至关重要。其中一个经常被讨论的权利是人身权利,它指的是一种可针对特定个人强制执行的个人权利,而不是针对整个社会。这一法律原则在区分法律框架内存在的各种权利和义务方面至关重要。为了更好地理解人身权利的重要性,有必要探讨其在不同法律背景下的影响。例如,当合同成立时,相关方达成了一项协议,产生了具体的义务。如果一方未能履行其部分协议,另一方可以主张其人身权利,以对违约方寻求救济。这意味着受害方有法律权利追究违约合同的一方,而不是向公众或社会寻求补救。此外,人身权利在侵权法中尤其相关,个人可以因他人的行为而寻求赔偿。在这些情况下,受伤方对造成伤害的个人主张其人身权利,从而使其对自己的行为负责。这种个人权利的方面强调了个人在法律体系中的责任重要性,并强化了个人对他人行为负责的观念。人身权利与物权之间的区别也值得注意。前者涉及对特定个人可强制执行的权利,而后者则涉及可对整个社会强制执行的财产权利。例如,拥有一块土地是一种物权,因为它赋予所有者普遍认可的权利,使他们能够排除他人侵入其财产。相比之下,人身权利仅适用于合同协议或特定方之间的个人义务。理解人身权利对任何学习法律的人来说都是至关重要的,因为它为理解更复杂的法律原则奠定了基础。它强调了法律交易中个人关系的重要性,并强调了个人遵守承诺的需要。此外,认识到这种权利可以帮助个人更有效地处理法律纠纷,因为他们将了解通过何种途径主张自己的权利。总之,人身权利是一个重要的法律概念,在个人权利和义务中发挥着关键作用。通过针对特定个人强制执行权利,这一原则促进了责任感,并确保个人在不当行为的情况下可以寻求正义。随着我们继续与法律体系接触,掌握像人身权利这样的权利的细微差别将使我们能够更有效地为自己和他人辩护。正是通过这种理解,我们才能欣赏到定义我们在社会中互动的个人自由与责任之间的微妙平衡。