mandement van spolie
English
[edit]Noun
[edit]mandement van spolie (plural mandementen van spolie)
- (South Africa) An order (restitutory interdict) handed down by a court on application, originating in Roman Dutch law where a person (spoliator) is compelled to return a thing that has been taken unlawfully. The case turns on possession, not ownership: a mandement van spolie can even be brought by a thief where the owner unlawfully retrieves the thing stolen.
References
[edit]- Erasmus Superior Court Practice (South Africa) Farlam Fichardt van Loggerenberg, Published by Juta. Appendix E9 Page E9-1.
- Magistrates' Courts Rule 56, Magistrates' Courts Act 32 of 1944 (South Africa)
- Introduction to South African Law and Legal Theory Second Edition, Hosten et al Published by Butterworths, Pages 630 and 1178.
- Jones and Buckle Civil Practice of the Magistrates' Courts of South Africa Vol 2 (Rules) Erasmus et al Published by Juta. Page 56-7