Legal Definitions - restitutio in integrum

Definition: Restitutio in integrum is a Latin term used in Roman and civil law that means restoration to the previous condition or the status quo.

In Roman law, a praetor could use restitutio in integrum to annul a contract or transaction that was legally valid but unfair. The praetor would then restore the parties to their previous legal relationship. This phrase is still used in American law, especially in Louisiana, when a court annuls a contract and orders restitution on equitable grounds.

• If a person is wrongfully terminated from their job, restitutio in integrum would require the employer to reinstate the employee and compensate them for any lost wages.
• In a divorce case, restitutio in integrum may require the division of property to be reversed if it is found that one party was coerced or misled into agreeing to the terms of the settlement.

These examples illustrate how restitutio in integrum is used to restore a previous condition or status quo. In the first example, the employee is restored to their previous position and compensated for lost wages. In the second example, the property division is reversed to restore the parties to their previous legal relationship.