Restitution

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restitution

1. Law the act of compensating for loss or injury by reverting as far as possible to the position before such injury occurred

2. the return of an object or system to its original state, esp a restoration of shape after elastic deformation

Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005

The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Restitution

in biology, the restoration of the entire organism or individual organs, tissues, or cells after injury. Some scientists believe that regeneration and reparation are varieties of restitution, while others believe that restitution is the regeneration of the entire organism from a small part of that organism.

In nemertines of the genus Lineus, for example, a whole worm can develop from a preoral section. An entire hydra can form from a fragment excised from the middle of a hydra; this fragment can constitute 1/200 of the animal’s body volume. In plants a restored formation may differ from other parts of the organism, as well as from the part removed. When part of a leaf is detached, for example, either a new blade develops, or an infundibular leaf with a petiole develops.

In medicine, restitution is complete regeneration, that is, replacement of a defect with equivalent tissue, while substitution is partial regeneration.

Restitution

(1) In civil law, the return by parties of anything received by them under a transaction if the transaction is acknowledged to be invalid.

In Soviet civil law the general rule is bilateral restitution: if a transaction is acknowledged to be invalid or does not comply with legal requirements (for example, if it is made by a person declared to be incapable), each of the parties is obliged to return everything received to the other party or to repay its value in money. If the transaction was carried out under the influence of fraud or threats, only the culpable party returns everything received and pays the expenses incurred; that which the victim receives from the culpable party is taken as state income (unilateral restitution).

(2) In international law, the return of property illegally seized and removed by a country from another country with which it is at war. International legal instruments adopted during and after World War II provided for the return, as restitution, of the many valuables that had been seized and illegally removed by fascist German forces and their allies from temporarily occupied territory.

References in periodicals archive ?

Some estimates are that more than half Bulgaria's population filed restitution claims.

The law enabled both Bulgarians and foreigners to apply for restitution, with the proviso that foreigners awarded property would be required to sell it.

Bulgarian possession: the story of the decades of nationalisation and restitution

The method chosen is just one variable, as there are other key aspects that differentiate the restitution process in former Communist states:

* The eligibility of the solicitors: directly limited or not on basis of citizenship or residence; or indirectly by defining in a broader or limited way the historical period when the properties were nationalized, that are subject to restitution.

Property restitution: what went wrong in Romania?

One would obviously be oversimplifying were one to suggest that Goff and Jones' The Law of Restitution (7) falls squarely into this category, particularly since it has played a crucial role in shaping the very structure of the law of restitution.

Maddaugh & McCamus does not fit neatly into either of these categories and in this respect it represents something of a new generation of treatise in the law of restitution. Rather than having to look on the barren landscape that led Birks to observe of the law of restitution that "[t]he shape of its skeleton has not been established," (10) Maddaugh & McCamus is able to look back over some three decades of Canadian jurisprudence in which an attempt has been made to give some structure to the subject matter.

The Law of Restitution

With the revision approved by the Senate, the plaintiff, who no longer requests the restitution of the second poster (The Blond Venus), seeks the conviction of the defendant to the extent granted by the District Court as well as the complete dismissal of the counterclaim.

But the plaintiff's claim for restitution according to [section] 985 BGB is excluded by the provisions of the Restitution Law of the Allies and of the Federal Restitution Act.

Federal Court of Justice (Germany): judgment of 16th March 2012 V ZR 279/10 BGB [section] 985; REAO BE [section] 50 para 2, [section] 51