Legal Dictionary
Main Entry:
re·plev·inPronunciation:
ri-'ple-v&nFunction:
nounEtymology: Anglo-French
replevine, from
replevir to give security, from Old French, to give security for, from
re- back +
plevir to pledge
: an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention;
also : a procedure allowing the plaintiff as a provisional remedy to take possession of the property prior to judgment on the action
NOTE: Under section 2-716 of the Uniform Commercial Code, a buyer who is a party to a contract that has been breached by the seller has a right of replevin for goods that are identified to the contract if cover cannot reasonably be effected.