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Examples of "unjust factors" that ground a claim for restitution include: mistakes of fact or law; total failure of consideration, duress, undue influence, and the Woolwich ground. Civil law systems such as those of France and Germany typically adopt an "absence of basis" approach.
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. [1] In international human rights law, there is a right to an effective remedy. In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news ...
People of the Philippines v. Santos, Ressa and Rappler (R-MNL-19-01141-CR), also known as the Maria Ressa cyberlibel case, is a high-profile criminal case in the Philippines, lodged against Maria Ressa, co-owner and CEO of Rappler Inc.. [2] Accused of cyberlibel, Ressa was found guilty by a Manila Regional Trial Court on June 15, 2020. [3] [4]: 36
Among them are beneficiaries of Proclamation No. 51 which is a general amnesty for people charged for collaborating with Imperial Japan during the Japanese occupation of the Philippines in World War II. [3] Jose P. Laurel – President of the Second Philippine Republic, the puppet state of the Empire of Japan during World War II.
Restitution is analogous to property: it concerns wealth or advantage which ought to be returned or transferred by the defendant to the plaintiff. It is a form of specific implement. Its clearest form is an order for the return or transfer of property which belongs in law or in equity to the plaintiff. Property includes an interest in property.
In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby
In some cases, evidence of attempts to settle are required before a court case will be accepted by the court, and demand letters are commonly used to fulfill this requirement. [3] For example, if one anticipates a breach, it is advantageous to send a demand letter asserting that the other side appears to be in breach and requesting assurances ...