CLAIM OF RIGHT

glossary / CLAIM OF RIGHT

CLAIM OF RIGHT

claim of right.

1. Hist. A criminal plea, usu. to a theft charge, by a defendant asserting that the property was taken under the honest (but mistaken) belief that the defendant had a superior right to the property. ? The claim of right could also be raised in defense against bigamy if a defendant honestly believed that an earlier marriage had been legally dissolved. It has been superseded by a defense of honesty.

2. Hist. An owner’s action to recover unjustly taken land in fee simple by employing a writ of course. See WRIT OF COURSE.

3. CLAIM OF OWNERSHIP.

What is the preferred translation of the term CLAIM OF RIGHT by Chinese lawyers?
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