mandement van spolie
التعريفات والمعاني
== English ==
=== Noun ===
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 ===
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