Revendication - Definition - Law Dictionary Home Dictionary Definition revendication

Definition :

Revendication. Upon the sale of goods on credit, by the law of some commercial countries, a right is reserved to the vendor to retake them, or he has a lien upon them for the price, if unpaid: and in other countries he possesses a right of stoppage in transitu (q.v.) only in cases of insolvency of the vendee. The Roman law did not generally consider the transfer of property to be complete by sale and delivery alone without payment or security given for the price, unless the vendor agreed to give a general credit to the purchaser; but it allowed the vendor to reclaim the goods out of the possession of the purchaser, as being still his own property. Quod vendidi (say the Pandects), nobis aliter fit accipienlis, quam si aut pretium nobis solutum sit, aut satis to non datum, vel etiam fidem habuerimus emptori sine ulla satisfactione. The present code of France gives a privilege or right of revendication against the purchaser for the price of goods sold, so long as they remain in possession of the debtor. In respect to ships, a privilege is given by the same code to a certain class of creditors, such as vendors, builders, repairers, mariners, etc., upon the ship, which takes effect even against subsequent purchasers, until the ship has made a voyage after the purchase; and, by the general maritime law, acknowledged in most, if not in all, commercial countries, hypothecations and liens are recognised to exist for seamen's wages and for repairs of foreign ships, and for salvage, Story's Confl. Of Laws, s. 401.

An action to recover rights in and possession of property that is wrongfully held by another, Black's Law Dictionary, 7th Edn., p. 1319.