Restitution


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restitution

1. Law the act of compensating for loss or injury by reverting as far as possible to the position before such injury occurred
2. the return of an object or system to its original state, esp a restoration of shape after elastic deformation

Restitution

 

in biology, the restoration of the entire organism or individual organs, tissues, or cells after injury. Some scientists believe that regeneration and reparation are varieties of restitution, while others believe that restitution is the regeneration of the entire organism from a small part of that organism.

In nemertines of the genus Lineus, for example, a whole worm can develop from a preoral section. An entire hydra can form from a fragment excised from the middle of a hydra; this fragment can constitute 1/200 of the animal’s body volume. In plants a restored formation may differ from other parts of the organism, as well as from the part removed. When part of a leaf is detached, for example, either a new blade develops, or an infundibular leaf with a petiole develops.

In medicine, restitution is complete regeneration, that is, replacement of a defect with equivalent tissue, while substitution is partial regeneration.


Restitution

 

(1) In civil law, the return by parties of anything received by them under a transaction if the transaction is acknowledged to be invalid.

In Soviet civil law the general rule is bilateral restitution: if a transaction is acknowledged to be invalid or does not comply with legal requirements (for example, if it is made by a person declared to be incapable), each of the parties is obliged to return everything received to the other party or to repay its value in money. If the transaction was carried out under the influence of fraud or threats, only the culpable party returns everything received and pays the expenses incurred; that which the victim receives from the culpable party is taken as state income (unilateral restitution).

(2) In international law, the return of property illegally seized and removed by a country from another country with which it is at war. International legal instruments adopted during and after World War II provided for the return, as restitution, of the many valuables that had been seized and illegally removed by fascist German forces and their allies from temporarily occupied territory.

References in periodicals archive ?
In order to qualify for restitution, the Act provides that individuals and or communities forcefully removed from their land after 19 June 1913, as a result of past racially discriminatory laws and or practices are eligible for restitution.
The conference focused on the findings of a new report the Holocaust (Shoah) Immovable Property Restitution Study published recently which highlighted how each of the 47 countries who endorsed the 2009 Terezin Declaration on Holocaust Era Assets has responded to its commitment to return or provide compensation for land and businesses confiscated from Jewish communities and other persecuted groups during World War II.
Restitution was established at the federal level in 1982, following passage of the Victim and Witness Protection Act.
The audit was conducted in order to determine whether the NCUA's AMAC had effective policies, procedures, and resources in place to recover money owed from restitution orders and assess the internal control environment over the AMAC's restitution order process.
Article 8 explicitly states that "the filing of seized property under this Law is not a requirement for entitlement to restitution or compensation for the property, the more the requirement that such demand is made in accordance with the law".
Betrouni evoquera des lois nationales et internationales principalement celle de 1970 signee par l'Algerie relative a la restitution des biens culturels voles et de la convention-cadre signee entre les deux parties en 2011.
In the Dubai Cassation Court case below, the question arose: who is the "victim" who shall benefit from the court order of restitution in accordance with Article 230?
The key questions with regards to this judgment are first, the relationship between restitution claims under special repatriation laws and those under general civil law and secondly, the application of principles of statutory limitation or forfeiture to restitution claims under general civil law.
Keegan was ordered not to work as a personal care attendant and to pay restitution in an amount to be determined at a Sept.
In 2008, James Marsh, representing a nineteen-year-old named Amy, (1) became the first lawyer to seek restitution from a "non-contact" defendant, someone who possessed and distributed child pornography but did not create it.
In criminal cases, restitution for victims is typically limited to the losses that the defendant caused in the commission of the crime.