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Question

Action in Personam, in Rem, Quasi in Rem

Maria and Juan entered into a contract for the sale of a piece of land. Maria failed to fulfill her obligations under the contract, prompting Juan to file a case against her. Juan seeks to claim damages from Maria for breach of contract.

Identify the nature of the action that Juan should pursue in order to enforce his rights and recover damages. Discuss the characteristics and effects of the specific type of action.

1. Explain what an action in personam entails, including the essential elements that need to be proven in court.
2. Outline the procedure and legal implications of pursuing an action in rem.
3. Discuss the concept of quasi in rem, its distinguishing features, and the prerequisites for its applicability.

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Answer