replevin
1
9.9
- noun
- /rɪˈplɛvɪn/
- Formal
:
replevin
- A number of Holocaust restitution claims also have posed the question of whether a sale under duress constitutes theft or conversion for purposes of a replevin action.
- replevin action
Examples
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The lawyer filed a replevin action to recover the stolen bicycle from a local shop.
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As a result, many good-faith purchasers who end up as defendants in art replevin cases try to attack the claims on procedural grounds.
Academic text (2006) -
In one of the more common scenarios played out in art replevin cases, a stolen work may have changed hands multiple times over many years without anyone knowing it was stolen.
Academic text (2006) -
Even though the current owner of the painting lived in Chicago, Schoenberg filed a replevin action on behalf of the heir of the original owner in California because the painting was in the possession of a Los Angeles gallery that was trying to sell it.
Academic text (2006) -
In addition, California in 2003 extended the statute of limitations to 2010 for replevin actions for certain types of property looted during the Holocaust that have turned up in museums and galleries.
Academic text (2006) -
Although the state statute gave a judge no discretion to deny writs of replevin, Cole's complaint was later dismissed in a post-seizure hearing.
Academic text (1997) -
Rutchik says virtually all cases seeking the return of stolen art amount to standard replevin claims, in which a party with legal rights to an item of property seeks to recover it from a party in wrongful possession.
Academic text (2006) -
In terms of substantive law, claims to recover art looted during the Holocaust aren't significantly different from other stolen-art cases; essentially, they all are replevin actions.
Academic text (2006) -
But stolen art claims—even those based on such textbook grounds as replevin—don't always stay simple, say Rutchik and other experts.
Academic text (2006) -
The judge ruled in favor of the plaintiff, allowing the replevin to proceed based on the evidence presented.
Synonyms
38
6.9
Giving back something lost or paying money for damage
A legal case in which someone keeps another person's property and the owner asks for it back
Getting something back that was once lost, sold, or given away
Surface Forms
Etymology
Replevin comes from old French legal words that mean 'to take back'. The re- part means 'back', like in return, so a replevin is a court action to get your property back when someone is holding it wrongly.