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]
^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
August 28, 2023
condictio, indebiti, condictio, indebiti, action, civil, roman, whereby, plaintiff, recover, what, paid, defendant, mistake, such, mistaken, payment, known, solutio, indebiti, this, action, does, aequitate, natural, obligation, made, payment, knew, that, nothi. 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 EditCondictio causa data causa non secuta 812 I 1 1 Alt BGB German Civil Code Further reading EditOutlines 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 Hagstrom 2011 Obligasjonsrett page 700 et seq See e g The common law of South Africa By Manfred Nathan Johannes Voet Retrieved from https en wikipedia org w index php title Condictio indebiti amp oldid 1148524030, wikipedia, wiki, book, books, library,
