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Rei Vindicatio
''Rei vindicatio'' is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. (reprinted in 1991) The term originated in ancient Rome. The plaintiff could also institute an ''actio furti'' (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the ''condictio furtiva'' (a personal action). With the aid of the ''actio legis Aquiliae'' (a personal action), the plaintiff could claim damages from the defendant. ''Rei vindicatio'' was derived from the ius civile, and therefore was available only to Roman citizens. Specification of the thing The function of ''rei vindicatio'' remains the same in most modern legal systems as it was in ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aristotle
Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of philosophy within the Lyceum and the wider Aristotelian tradition. His writings cover many subjects including physics, biology, zoology, metaphysics, logic, ethics, aesthetics, poetry, theatre, music, rhetoric, psychology, linguistics, economics, politics, meteorology, geology, and government. Aristotle provided a complex synthesis of the various philosophies existing prior to him. It was above all from his teachings that the West inherited its intellectual lexicon, as well as problems and methods of inquiry. As a result, his philosophy has exerted a unique influence on almost every form of knowledge in the West and it continues to be a subject of contemporary philosophical discussion. Little is known about his life. Aristotle was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailment
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Although a bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates a bailment relationship without an ordinary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trover
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French ''replevir'', derived from ''plevir'' ("to pledge"), which is derived from the Latin ''replegiare'' ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theory Of Forms
The theory of Forms or theory of Ideas is a philosophical theory, fuzzy concept, or world-view, attributed to Plato, that the physical world is not as real or true as timeless, absolute, unchangeable ideas. According to this theory, ideas in this sense, often capitalized and translated as "Ideas" or "Forms", are the non-physical essences of all things, of which objects and matter in the physical world are merely imitations. Plato speaks of these entities only through the characters (primarily Socrates) of his dialogues who sometimes suggests that these Forms are the only objects of study that can provide knowledge. The theory itself is contested from within Plato's dialogues, and it is a general point of controversy in philosophy. Nonetheless, the theory is considered to be a classical solution to the problem of universals. The early Greek concept of form precedes attested philosophical usage and is represented by a number of words mainly having to do with vision, sight, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hyle
In philosophy, hyle (; from grc, ὕλη) refers to matter or stuff. It can also be the material cause underlying a change in Aristotelian philosophy. The Greeks originally had no word for matter in general, as opposed to raw material suitable for some specific purpose or other, so Aristotle adapted the word for "wood" to this purpose. The idea that everything physical is made of the same basic substance holds up well under modern science, although it may be thought of more in terms of energy or matter/energy. Aristotle's concept Aristotle's concept of ''hyle'' is the principle that correlates with ''eidos'' (form) and this can be demonstrated in the way the philosopher described ''hyle,'' saying it is that which receives form or definiteness, that which is formed. Aristotle explained that "By ''hyle'' I mean that which in itself is neither a particular thing nor of a certain quantity nor assigned to any other of the categories by which being is determined." This means that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peripateticism
The Peripatetic school was a school of philosophy in Ancient Greece. Its teachings derived from its founder, Aristotle (384–322 BC), and ''peripatetic'' is an adjective ascribed to his followers. The school dates from around 335 BC when Aristotle began teaching in the Lyceum. It was an informal institution whose members conducted philosophical and scientific inquiries. After the middle of the 3rd century BC, the school fell into a decline, and it was not until the Roman era that there was a revival. Later members of the school concentrated on preserving and commenting on Aristotle's works rather than extending them; it died out in the 3rd century. The study of Aristotle's works by scholars who were called Peripatetics continued through late antiquity, the Middle Ages, and the Renaissance. After the fall of the Western Roman Empire, the works of the Peripatetic school were lost to the Latin West, but they were preserved in Byzantium and also incorporated into early Isla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stoicism
Stoicism is a school of Hellenistic philosophy founded by Zeno of Citium in Athens in the early 3rd century BCE. It is a philosophy of personal virtue ethics informed by its system of logic and its views on the natural world, asserting that the practice of virtue is both necessary and sufficient to achieve (happiness, ): one flourishes by living an ethical life. The Stoics identified the path to with a life spent practicing the cardinal virtues and living in accordance with nature. The Stoics are especially known for teaching that "virtue is the only good" for human beings, and that external things, such as health, wealth, and pleasure, are not good or called in themselves ('' adiaphora'') but have value as "material for virtue to act upon". Alongside Aristotelian ethics, the Stoic tradition forms one of the major founding approaches to virtue ethics. The Stoics also held that certain destructive emotions resulted from errors of judgment, and they believed people shou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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