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Part IV The Substance of Redress, 10 Restitution

From: Remedies in International Human Rights Law (3rd Edition)

Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 October 2021

Subject(s):
Detention — Economic, social, and cultural rights — Gross violations — Human rights remedies — Remedies — Remedies and costs
Restituere in integrum in Roman law originated as a remedy granted by the praetor to re-establish a prior situation, for example where it was shown that an otherwise valid contract had been procured through fraud or force. The theory of restitution is to restore what the defendant has unlawfully taken, avoiding unjust gains. Restitution is not intended as a punitive remedy, but the wrongdoer may be required to restore or pay for what the victim lost, even if this is more than the wrongdoer gained. The basic purpose of restitution is to take from the wrongdoer that...
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