| 释义 |
‖ restitutio in integrum, n. phr. Law.|rɛstɪˈtjuːtɪəʊ ɪn ɪnˈtɛgrəm|
Also ad integrum.
[L., restoration to the uninjured state, etc.]
(See quot. 1909.) Also transf.
[a1633T. Hope Major Practicks (1938) II. 207 (heading) De Restitutione in Integrum.] 1704T. Wood New Institute Imperial or Civil Law i. ii. 55 A Restitution shall be adjudged in the behalf of the Minor if he is circumvented, tho' the Tutors or Curators were present and consenting, and tho' the Decree was made against the Minor judicially; and this is called Restitutio in integrum. 1845T. Thornton Notes Cases in Eccles. & Maritime Courts III. 77 The principle is, that the vessel should be placed in statu quo before the collision,—a restitutio in integrum. 1902W. James Var. Relig. Exper. vi. 156 When disillusionment has gone as far as this, there is seldom a restitutio ad integrum. 1909Halsbury's Laws of Eng. X. 302 The underlying great principle by which the courts are guided in awarding damages is restitutio in integrum. By this is meant that the law will endeavour, so far as money can do it, to place the injured person in the same situation as if the contract had been performed, or in the position he occupied before the occurrence of the tort which adversely affects him. 1936Buckland & McNair Roman Law & Common Law xii. 337 An action which had once reached the stage of litis contestatio could never be brought again, unless the facts brought the matter within the rather narrow range of cases in which a man could get restitutio in integrum. 1975J. R. Murdoch Law Estate Agency & Auctions xiii. 385 Since the principle underlying rescission is ‘restitutio in integrum’ it will only be allowed where both parties can be substantially returned to their pre-contractual positions. |