In integrum restitutio
idea · 2 works · 6 mentions · 9 anchored passages
in integrum restitutio · restitution · obligation to restore · restitution to the original position · restoration to the original position
in the texts
Institutes of Roman Law
Praetorian relief restoring a party to his former legal position, generally favoring defendants over plaintiffs except minors.
and in this case the praetor gives no relief by in integrum restitutio, for he is more ready to relieve defendants than plaintiffs, excepting always minors, whom he invariably relieves.
So where no place of performance was implied or fixed by the contract, the plaintiff could sue the defendant, in any place where the condemnation could be enforced against him.
At si in condemnatione plus positum sit quam oportet, actoris quidem periculum nullum est, sed 〈reus cum〉 iniquam formulam acceperit, in integrum restituitur, ut minuatur condemnatio.
The Rights of War and Peace
The legal and moral doctrine requiring return of another's property or its equivalent benefit, developed at length in this section.
In the next place a bona-fide possessor of a thing is bound to a restitution of the fruits or profits thereof remaining in his hand.
Such possessor in the third place is bound to make restitution of the thing, or reparation for the consumption of it occasioned by his possession.
as it always carries with it peculiar qualities, among which may be reckoned the obligation, under which ever possessor lies to restore a thing to its rightful owner.