Condictio indebiti
The condictio indebiti is an action in civil (Roman) law whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment is known as solutio indebiti. This action does not lie
- if the sum was due ex aequitate, or by a natural obligation;
- if he who made the payment knew that nothing was due, for qui consulto dat quod non debet, praesumitur donare (who gives purposely what he does not owe, is presumed to make a gift).[1][2][3]
The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway,[4] South Africa and Scotland .[5]
See also
[edit]§ 812 I 1 1. Alt BGB (German Civil Code)
Further reading
[edit]- Outlines of Roman Law By Thomas Whitcombe Greene
- Roman-Frisian law of the 17th and 18th century By J. H. A. Lokin, Frits Brandsma, C. J. H. Jansen
- Imperatoris Iustiniani Institutionum Libri Quattuor By John Baron Moyle, Justinian
- "The evolution of the law of unjustified enrichment"
References
[edit]- ^ Walter A. Shumaker, George Foster Longsdorf. The cyclopedic law dictionary. Second edition, 1922.
- ^ Bell, Diet; Calv. Lex.; 1 Kames, Eq. 307.
- ^ John Trayner. Latin phrases and maxims: collected from the institutional and other writers on Scotch law. Edinburgh: William Paterson, 1861.
- ^ See e.g. Viggo Hagstrøm (2011), Obligasjonsrett, page 700 et seq.
- ^ See e.g. The common law of South Africa By Manfred Nathan, Johannes Voet