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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 ...
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
Reparations are broadly understood as compensation given for an abuse or injury. [1] The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by ...
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
Examples include the right to restitution, the right to a victims' advocate, and the right not to be excluded from criminal justice proceedings. [ 2 ] [ 3 ] A key principle underlying victims' rights is the need to avoid secondary victimisation in their implementation particularly when victims' are called to take a role in criminal justice ...
In another example, legal scholar Eva Pils described how China’s forced evictions of rural homeowners to create space for its rapidly expanding cities qualified as a dignity taking. [7] According to Pils, the Chinese government’s monetary compensation and resettlement schemes did not meet the dignity restoration threshold.
The Resolution prescribes that this can take five forms: restitution, compensation, rehabilitation, satisfaction, and the guarantee of non-repetition. This codifies the existing right to reparation which has been confirmed as an entitlement of customary international law. [27]
The weregild compensation system was common among Germanic peoples as part of Ancient Germanic law, before the introduction of Christianity. [ 2 ] A scale of payments, graduated according to the heinousness of the crime, was fixed by laws, which further settled who could exact the blood-money, and who were entitled to share it.