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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