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NeCede's

Maxim 7.9.10

The despoiled party ought to be restored before all else.

Spoliatus debet ante omnia restitui.

Source: 2 Inst. 714 Difficulty 1/5 — Foundational

Explanation

Before any other question is heard — before defenses, counterclaims, or procedural objections — the party wrongfully deprived of his property must first be restored to possession. Restoration comes before adjudication.

Where this applies

  • My property was wrongfully seized — before we argue about who was right, give me back my stuff.
  • The government took my car illegally — restoration should come before anything else.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 7.9.10 — The despoiled party ought to be restored before all else. — 2 Inst. 714 (Spoliatus debet ante omnia restitui.)

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