restitutio in integrumn.

Brit.

/rɛstɪˈtjuːtɪəʊ ɪn ɪnˈtɛɡrəm/, U.S.

/ˌrɛstɪˈt(j)udɪoʊ ɪn ɪnˈtɛɡrəm/

Origin: A borrowing from Latin. Etymon: Latin restitūtiō in integrum.

Etymology: < classical Latin restitūtiō in integrum restoration to the uninjured state < restitūtiō restitution n. + in (see in prep.) + integrum , neuter of integer integer adj.

Law.

Placement of an injured party in the situation which would have prevailed had no injury been sustained; restoration of the status quo ante. Also in extended use.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > legal redress

remedyc1405

relief1616

restitutio in integrum1676

comeback1907

1656 Hope's Major Practicks (1938) II. 207 (heading) De Restitutione in Integrum.]

1676 F. Philipps Anc. Rights Courts of Justice ii. 32 A 2d. trial, decree, or sentence, & restitutio in integrum do not seldom afterwards follow.

1704 T. Wood New Inst. 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.

1774 S. Hallifax Anal. Rom. Civil Law ii. ix. 103 Restitutio in integrum was, when a cause, on petition of the party who was cast, was reduced by the Praetor to its first state.

1845 Notes Cases Eccl. & Maritime Courts 3 77 The principle is, that the vessel should be placed in statu quo before the collision,—a restitutio in integrum.

1909 Halsbury'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.

1936 W. W. Buckland & A. D. M. 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.

1975 J. 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.

1996 Times 13 Nov. 35/3 A party seeking rescission had to be in a position to make restitutio in integrum.

This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022).

单词	restitutio in integrum
释义	restitutio in integrumn. Brit. /rɛstɪˈtjuːtɪəʊ ɪn ɪnˈtɛɡrəm/, U.S. /ˌrɛstɪˈt(j)udɪoʊ ɪn ɪnˈtɛɡrəm/ Origin: A borrowing from Latin. Etymon: Latin restitūtiō in integrum. Etymology: < classical Latin restitūtiō in integrum restoration to the uninjured state < restitūtiō restitution n. + in (see in prep.) + integrum , neuter of integer integer adj. Law. Placement of an injured party in the situation which would have prevailed had no injury been sustained; restoration of the status quo ante. Also in extended use. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > legal redress remedyc1405 relief1616 restitutio in integrum1676 comeback1907 1656 Hope's Major Practicks (1938) II. 207 (heading) De Restitutione in Integrum.] 1676 F. Philipps Anc. Rights Courts of Justice ii. 32 A 2d. trial, decree, or sentence, & restitutio in integrum do not seldom afterwards follow. 1704 T. Wood New Inst. 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. 1774 S. Hallifax Anal. Rom. Civil Law ii. ix. 103 Restitutio in integrum was, when a cause, on petition of the party who was cast, was reduced by the Praetor to its first state. 1845 Notes Cases Eccl. & Maritime Courts 3 77 The principle is, that the vessel should be placed in statu quo before the collision,—a restitutio in integrum. 1909 Halsbury'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. 1936 W. W. Buckland & A. D. M. 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. 1975 J. 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. 1996 Times 13 Nov. 35/3 A party seeking rescission had to be in a position to make restitutio in integrum. This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022). < n.1676
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