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.
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.
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.
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.
or where the thing itself has been consumed, and cannot be identically restored.
However it is not without reason that some laws have required restitution in such cases.
This gives rise to the obligation of submitting to penalties, which is not immediately to the present purpose.