Recovery, i.e., restitution, is had by sentence of a judge of a thing wrongfully extorted or detained.

Explanation

(English-origin maxim.) Restitution is the judicial restoration of property wrongfully taken or withheld — the court compels the return of what was unlawfully seized or detained.

Where this applies

• A court orders a thief to return the stolen painting to its rightful owner — this is restitution by judicial sentence.
• A judge compels a landlord to return a tenant's security deposit that was wrongfully withheld.
• After a government agency unlawfully seized a farmer's equipment, the court orders the equipment returned to the farmer as restitution.