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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
Restitution – measures which serve to "restore the victim to the original situation before the gross violations occurred". This can include: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return of one's place of residence, restoration of employment, and return of property.
Relying on a sample of judicial opinions from Colombia’s land restitution court to understand transformative restitution, she claimed the main difference is that “while transformative restitution aims to transform social injustices, dignity restoration focuses on reaffirming victims’ humanity and reestablishing their agency” [36]
Restoration of the property is, of course, only provisional, pending determination of title. [2] In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): [3]
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
Restitutio ad integrum is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed.
Restoration "focuses on the retention of materials from the most significant time in a property's history, while permitting the removal of materials from other periods." [ 4 ] Reconstruction , "establishes limited opportunities to re-create a non-surviving site, landscape, building, structure, or object in all new materials."
Even if not (for the foreseeable future) a part of the law of unjust enrichment, a claim to the traceable proceeds of one's property remains part of the law of restitution. The remainder of this section concerns proprietary restitution. Proprietary restitution is where a claimant who is entitled to restitution is awarded a proprietary remedy.