oa De Rebus - Dispossessed and unimpressed : the mandament van spolie remedy : candidate attorney feature
Mandament van spolie (spoliation) is an old common law remedy commonly used by a person who has been dispossessed of goods without following due legal procedure. This article seeks to answer the question whether the remedy of spoliation is available to a person who has been dispossessed of money, in the form of electronic funds, by his or her own bank. The situation arises when a person opens two accounts with the same bank and the bank unilaterally takes money from one account to settle a debt owed by the other account, belonging to the same person. It is common cause that in an instance where that person owes the bank, but has another account with a different bank, the bank would have to follow a procedure for claiming its money. However, as this article seeks to investigate, a bank may find it convenient to transfer money from one account to another without following the long established legal process. This article seeks to establish whether the aggrieved person may use mandament van spolie to claim back the funds that he or she has been dispossessed of by his or her own bank.
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