Academic Research

Legal Change in the Later Thirteenth Century: Statutory and Judicial Remodelling of the Action of Replevin, Brand, P. A. (1987). Am. J. Legal Hist., 31, 43. The reign of Edward I brought about major changes in the legal realm. Although there was significant change during this period, only one contemporary scholar attempted to look at some of the changes that occurred during this time. This paper reviews some of the major legal changes during this era while relying on internal evidence from written materials and plea rolls that were written at the time. It also highlights how the yearbook reports and manuscript shows the changes made on the action of replevin. Need for Civil-Law Nations to Adopt Discovery Rules in Art Replevin Actions: A Comparative Study, Grover, S. F. (1991). Tex. L. Rev., 70, 1431. This article explores the issue of replevin actions that arise when the title to a property is changed under dubious circumstances. While the common law espouses that title to a property can only be changed by the rightful owner, this concept has been disputed by scholars even during the days of the Hammurabi code. The paper proposes that civil-law countries should allow parties to participate in pre-trial discovery to help ascertain ownership of property in case of a replevin suit. It compares the use of replevin in common law and civil law countries in suits that involve art. Fuentes v Shevin: The New York Creditor and Replevin, Gardner, W. H. (1972). Buff. L. Rev., 22, 17. In this case, the court threw out two federal court decisions with regards to laws in Florida and Pennsylvania. The three-judge led court decisions asserted the constitutionality of laws that allowed creditors to repossess property through a writ of replevin without any hearing or even a court notice. Replevin, which is derived from common law, allows a creditor or a person with the right title to a property to repossess any merchandise that was taken wrongfully. Plea of Property in a Stranger in Replevin, Finkelstein, M. (1923). Colum. L. Rev., 23, 652. The writ of replevin, which was created to improve the legal deficiencies associated with trespass has evolved over time. One thing that it was meant to achieve was the recovery of property that was wrongfully acquired. It is, however, worth noting that a distress was not considered wrongful if the two parties owed each other damage for property, rent arrears or even feudal matters. This paper explores the use of the writ of replevin in a stranger and how the courts worked around such issues. Rescission for Fraud in Sale or Purchase of Goods--Quasi Contractual Remedies As Related to Trover and Replevin, Glenn, G. (1935). Va. L. Rev., 22, 859. The law with regards to sale of goods is quite comprehensive with the uniform commercial code and the order treatise. However, in the event of fraud during the sale or purchase of a good, a couple of issues arise. For example, the remedies of the parties to the sale is not well-known while the thoughts on the subject are also not entirely useless. This paper explores the proposition relating to a sellers rights to to rescind when they found out that the property was induced by fraud. The norm is to refer to trover but the parties can also use quasi contractual actions that is also available to the buyer. Equitable Replevin, Van Hecke, M. T. (1954). NCL Rev., 33, 57. The use of detinue and replevin are effective in recovering lost property when the accused person does not present any resistance or when they raise an issue with regards to their right to possession. Using these remedies becomes complicated when the sheriff assigned to the case is unable to locate the property or if the defendant conceals it. In such a case, the action to take would be to sue for an amount that is similar to the value of the property. Equity is a better remedy If a person needs the specific property or if they fear the defendant will frustrate the sheriffs efforts. This paper explores some of the provisions of the law under the equitable remedies that people have with regards to replevin. Consumer Arbitration as an Alternative to Judicial Preseizure Replevin Proceedings, Resnick, A. N. (1974). Wm. and Mary L. Rev., 16, 269. One of the major implications of the Fuentes v. Shevin that disallowed the is of replevin of property without prior notice was that consumer advocates posited that it would increase costs and inefficiencies for creditors. This expansion for due process ended when the court in Mitchell v. W.T. Grant Co allowed the seizure of property on an ex parte application by a creditor. This decision was seen to be a subjective notion of fairness and justice but it was important to understand the economic effects of legislations. This paper explores some of the policies that were set to ensure that the law was both fair and just. These included mandatory arbitration, which offers an economical opportunity for both parties to be heard. Replevin and export control of archival materials: legislative provisions in ESARBICA, Kukubo, R. J. (1990). ESARBICA journal, 12, 3-27. This article explores the legal principle of replevin while using it to explain how it can help in controlling archival materials. Procedure: Contempt as Sanction to Enforce Delivery in Replevin, Nordberg, J. A. (1950). Michigan Law Review, 48(3), 377-380. This article scours through some of the cases in which the plaintiff or the defendant did not is to part with a property in question even after receiving a writ of replevin. For example, it reveals the case of Burton v. Wayne where the plaintiff used a defective writ and was ordered to return the property to the defendant. The plaintiff declined and was found to be in contempt of court. Contempt is used as an enforcement mechanism to ensure that the parties to a suit comply with a writ of replevin. The suitability of this action is assessed in the article. Summary Repossession, Replevin, and Foreclosure of Security Interests, Murray, T. V. (1977). J. Kan. B. Ass'n, 46, 93. The repossession of property from a person who wrongfully took it has become a complex legal matter over the past few years. There are new pitfalls that both creditors and lawyers have been confronted with that didn't exist ten years back. These issues include giving a notice, hearings, right to default and other due processes. This article offers some advice for counsels that find themselves in these types of situations. It reviews both the changes that take place in the legislative and judicial arena with regards to summary possession, foreclosure of security interests and replevin. Constitutional Law: Creditor Use of Pre-Judgment Replevin Statutes, Reynolds, G. A. (1972). Loy. L. Rev., 19, 530. This paper highlights some of the constitutional provisions that states have enacted with regards to the use of replevin. In Florida and Pennsylvania, for example, a citizen is only required to get a writ of replevin by filing an ex parte application and posting a bond that consume rates with the value of the property.