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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). The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway, South Africa and Scotland .See e.gThe common law of South Africa By Manfred Nathan, Johannes Voet/ref> See also *Condictio causa data causa non secuta The ''condictio causa data causa non secuta'' under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (''causa non secuta''). During the recognition of innominate contracts, ... § 812 I 1 1. Alt BGB (German Civil Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condictio
In Roman Civil Law, a Condictio (plural ''condictiones'') referred to an "action" or "summons"; hence, compounds in legal Latin refer to various types of actions: *condictio causa data causa non secuta * condictio cautionis * condictio certae pecuniae * condictio certae rei * condictio certi * condictio ex causa furtiva * condictio ex injusta causa * condictio ex lege * condictio ex paenitentia * condictio furtiva * condictio incerti *condictio indebiti * condictio liberationis * condictio ob causam datorum * condictio ob injustam causam * condictio ob rem dati * condictio ob turpem causam * condictio possessionis * condictio sine causa * condictio triticaria See also *Unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make res ... References {{Italic title Roman law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of Norway. Bouvet Island, located in the Subantarctic, is a dependency of Norway; it also lays claims to the Antarctic territories of Peter I Island and Queen Maud Land. The capital and largest city in Norway is Oslo. Norway has a total area of and had a population of 5,425,270 in January 2022. The country shares a long eastern border with Sweden at a length of . It is bordered by Finland and Russia to the northeast and the Skagerrak strait to the south, on the other side of which are Denmark and the United Kingdom. Norway has an extensive coastline, facing the North Atlantic Ocean and the Barents Sea. The maritime influence dominates Norway's climate, with mild lowland temperatures on the se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condictio Causa Data Causa Non Secuta
The ''condictio causa data causa non secuta'' under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (''causa non secuta''). During the recognition of innominate contracts, and their enforcement via the ''actio praescriptis verbis'', the ''condictio causa data causa non secuta'' still had relevance, however, outside the field of valid contracts. This can be explained by reference to the purpose which failed (the basis of the action): where ''pacta sunt servanda'', the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract. The ''condictio causa data causa non secuta'' still exists in German Law and is represented i§ 812 I 2 2. Alt BGB Its modern short form is called "condictio ob rem". It has been used in several cases of post-socialist economies of Eastern Europe where the state was selling state owned property to ''Nouveau riche, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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