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(also called a recovery action), in civil law, a method of defending property by which an owner can recover his property from the unlawful possession of another. This form of suit arose in Roman law.
In the USSR recovery is regulated by Article 28 of the Basic Principles of Civil Legislation of the USSR and the Union Republics of 1961, articles 151-155 of the Civil Code of the RSFSR, and by analogous articles of the civil codes of other Union republics. An owner can recover his property from a mala fide purchaser and, if the property was acquired gratis, from a bona fide purchaser, regardless of the way in which the property left the owner’s possession. If a bona fide purchaser acquired the property gratis, it can be recovered only if it was lost by the owner or by a person into whose possession the owner had transferred it (for example, for temporary use) or if it was stolen from one or the other person or taken from them in any other way, regardless of their will. These limitations extend only to the recovery of personal property; state property and the property of kolkhozes or other cooperative and public organizations can be recovered from any purchaser. Money and bearer securities can be recovered in all cases only from one who has acquired them in bad faith.
The owner has a right to demand the return of his property and compensation for the income that the unlawful possessor extracted or should have extracted from the time he possessed it (if he is the possessor mala fide) or from the time when he learned or should have learned about the unlawfulness of possession (if he is the possessor bona fide). In turn, the possessor of the property has a right to demand from the owner compensation for the necessary expenses he incurred for the maintenance of the property from that time when income from the property was due to the owner. The regulation of recovery is basically similar in the majority of other socialist countries.
In the bourgeois countries of continental Europe that were influenced by Roman law, recovery has only some external similarity to recovery in socialist law, from which it is distinguished by its social and economic content. In the law of Great Britain and the majority of the states of the USA the concept of a recovery action does not exist.
REFERENCESGrazhdanskoe pravo, vol. 1. Moscow, 1969. Page 412.
Grazhdanskoe i torgovoe pravo kapitalisticheskikh gosudarstv. Moscow, 1966. Page 180.
V. A. KABATOV
the evaluation of the completeness with which an initial raw material is used in separation technological processes (including concentration of mineral products, metallurgical processes, and processes involving chemical technology). Recovery is calculated as the ratio between the quantity of the substance present in the particular product and the quantity in the initial material (in percentages or fractions). Because a raw material in technological processes is never completely separated into its constituent elements or compounds but rather the concentration of substances in the material changes up to the present value, the recovery depends on the initial concentration a, the concentration ² in the product obtained, and its yield γ:
Recovery is determined most often for a concentrated product, such as a concentrate or matte. In this case a distinction is made between commodity recovery, which is defined as the ratio of the mass of recovered component in the marketable product to the mass of the raw material, and technological recovery, which is defined by the concentrations of the component in the initial and all final products of the technological process. The discrepancy between commodity and technological recovery indicates inaccuracy in analysis of the concentrations, the existence of mechanical losses in the technological process, and inaccuracy in testing.
In mining work recovery of mineral resources from the earth’s interior is defined as the degree of completeness with which the ore mass, coal, or petroleum is extracted in the process of working the particular deposit.
L. A. BARSKII
the return of a portion of the material or energy expended in carrying out a production process for reuse in the same process. Thus, valuable solvents in the chemical industry are extracted by processing the spent mixtures with gases that do not react with the solvents, such as air, by direct condensation, and by other methods. Recovery of heat is realized in various heat engineering systems (recuperators) when the final product has a high temperature and requires cooling before release from the system. For example, in the separation of mixtures by distillation, the separated component is cooled by a mixture that has not yet been distilled. This cooling thus serves to heat the mixture before entry into the distillation apparatus.