REVENDICATION

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REVENDICATION


REVENDICATION, civil and French law. An action by which a man demands a thing of which he claims to be owner. It applies to immovables as well as movables; to corporeal or encorporeal things. Merlin, Repert. h.t. 2. By the civil law, he who has sold goods for cash or on credit may demand them back from the purchaser, if the purchase-money is not paid according to contract. The action of revendication is used for this purpose. See an attempt to introduce the principle of revendication into our law, in 2 Hall's Law Journal, 181. 3. Revendication, in another sense, corresponds, very nearly, to the stoppage in transitu (q.v.) of the common law. It is used in that sense in the Code de Commerce, art. 577. Revendication, says that article, can take place only when the goods sold are on the way to their place of destination, whether by land or water, and before they have been received into the warehouse of the insolvent, (failli,) or that of his factor or agent, authorized to sell them on account of the insolvent. See Dig. 14, 4, 15;Dig. 18, 1, 19, 53; Dig. 19, f, 11.

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