replevin

/ri plev"in/, Law.
n.
1. an action for the recovery of goods or chattels wrongfully taken or detained.
2. the common-law action or writ by which goods are replevied.
v.t.
3. to replevy.
[1300-50; ME < AF, deriv. of replevir to bail out, admit to bail, OF. See RE-, PLEDGE]

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law
also called  revendication 

      a form of lawsuit in common-law (common law) countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century. It is now called “claim and delivery.”

      The form arose to protect tenants from landlords who abused their “distress of rent” rights. The landlord was entitled to seize a tenant's goods for nonpayment of rent; often goods more valuable than the unpaid rent were taken. Replevin allowed the tenant to recover such goods. The remedy was later invoked for wrongful taking generally.

      Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property. Its significant feature is the return of the item itself, not just its money value—useful in instances in which, for example, a family heirloom is taken (compare trover).

      There are limits on the types of personal property recoverable by replevin. The object must be tangible (e.g., one cannot replevin an idea) but may be merely paper (e.g., a stock certificate). It must be identifiable and separable so that it can be seized.

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Universalium. 2010.

Look at other dictionaries:

  • replevin — re·plev·in 1 /ri ple vən/ n [Anglo French replevine, from replevir to give security, from Old French, to give security for, from re back + plevir to pledge]: an action originating in common law and now largely codified by which a plaintiff having …   Law dictionary

  • Replevin — is an Anglo French law term. It is the noun form of the verb replevy (from Old French replevir, derived from plevir, to pledge). It signifies the recovery by a person of goods unlawfully taken out of his or her possession, by means of a special… …   Wikipedia

  • replevin — An action to recover property said or claimed to be taken from the owner unlawfully. (Bernstein s Dictionary of Bankruptcy Terminology) United Glossary of Bankruptcy Terms 2012. replevin An action to recover property said or claimed to be taken… …   Glossary of Bankruptcy

  • Replevin — Re*plev in ( ?n), n. [LL. replevina. See {Replevy}, and cf. {Plevin}.] 1. (Law) A personal action which lies to recover possession of goods and chattle wrongfully taken or detained. Originally, it was a remedy peculiar to cases for wrongful… …   The Collaborative International Dictionary of English

  • Replevin — Re*plev in, v. t. (Law) To replevy. [1913 Webster] …   The Collaborative International Dictionary of English

  • replevin — recovery of goods (by someone) taken from him, upon posting of security, mid 15c., from Anglo Fr. (mid 14c.), Anglo L. replevina (13c.), from O.Fr. replevir (v.), from re back, again + plevir, of uncertain origin; perhaps related to pledge …   Etymology dictionary

  • replevin — [ri plev′in] n. [ME < Anglo Fr replevine < OFr replevir, to warrant, pledge < re , again + plevir, to pledge < ML plevium, warranty, PLEDGE] Law 1. the recovery of goods by the person claiming to own them, on a promise to test the… …   English World dictionary

  • replevin — /raplevan/ An action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such goods or chattels. Jim s Furniture… …   Black's law dictionary

  • replevin —   n. Law, repossession of goods wrongfully taken, with pledge to return them if defeated in lawsuit on the matter; writ or action in such case.    ♦ repleviable,    ♦ replevisable, a.    ♦ replevisor, n. plaintiff in replevin action.    ♦ replevy …   Dictionary of difficult words

  • replevin —    A type of legal action that gives the right to the owner to recover property that was unlawfully taken or retained. Replevin is commonly used in disputes between buyers and sellers when the buyer has failed to pay for goods …   Business law dictionary

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