Legal Definitions - reconventione

Reconventione is a historical legal term, originating from Latin, which means "by reconvention." It refers to the act of a defendant introducing their own claim or demand against the plaintiff within the same lawsuit that the plaintiff initiated. Essentially, it allows the defendant to not only defend against the original claim but also to assert their own related legal grievance against the plaintiff in the same legal proceeding, rather than filing a separate lawsuit. This concept is similar to what is known as a "counter-claim" in modern common law systems and is particularly relevant in historical legal contexts or civil law jurisdictions.

• Example 1: Historical Contract Dispute

  Imagine a scenario in 17th-century France where a baker, Monsieur Dubois, sues a grain supplier, Madame Leclerc, for failing to deliver a promised shipment of wheat. Madame Leclerc, in her defense, doesn't just argue she delivered the wheat; she also files a reconventione, claiming that Monsieur Dubois still owes her payment for a previous, larger order of flour that he received but never fully paid for.

  This example illustrates reconventione because Madame Leclerc is not merely defending against Dubois's claim but is actively bringing her own related claim against him within the same lawsuit, acting "by reconvention."

• Example 2: Historical Property Dispute

  Consider a 19th-century German principality where Baron von Richter files a lawsuit against his neighbor, Herr Schmidt, alleging that Schmidt's new fence encroaches upon a small strip of the Baron's ancestral land. Herr Schmidt responds to the lawsuit not only by disputing the Baron's claim but also by filing a reconventione. He asserts that, in fact, an old stone wall on the Baron's property has for decades encroached upon a portion of *his* land, and he seeks its removal and compensation for the lost use of his property.

  Here, Herr Schmidt is using the principle of reconventione to introduce his own land dispute claim against Baron von Richter directly into the existing lawsuit, addressing both parties' grievances in one proceeding.

• Example 3: Modern Civil Law Analogy

  In a modern civil law country, a construction company sues a subcontractor for delays in completing a project, claiming significant financial losses. The subcontractor responds by filing a reconventione. They argue that the delays were caused by the construction company's failure to provide necessary materials on time and that the company also owes them substantial outstanding payments for work already completed, which they now demand.

  This demonstrates reconventione as the subcontractor is asserting their own financial claims against the construction company within the framework of the original lawsuit, rather than initiating a separate legal action.