condictio indebiti
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The ''condictio indebiti'' is an
action Action may refer to: * Action (narrative) In literature, action is the physical movement of the Character (arts), characters. Action as a literary mode "Action is the Mode (literature), mode hat A hat is a head covering which is worn for ...
in civil (Roman) law whereby a
plaintiff A plaintiff (pi (letter), Π in List of legal abbreviations, 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 co ...
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 Norway, officially the Kingdom of Norway, is a Nordic countries, 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 ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
and
Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
.See e.g
The common law of South Africa By Manfred Nathan, Johannes Voet
/ref>


See also

* Condictio causa data causa non secuta § 812 I 1 1. Alt BGB (German Civil Code)


Further reading


Outlines of Roman Law By Thomas Whitcombe GreeneRoman-Frisian law of the 17th and 18th century By J. H. A. Lokin, Frits Brandsma, C. J. H. JansenImperatoris Iustiniani Institutionum Libri Quattuor By John Baron Moyle, Justinian"The evolution of the law of unjustified enrichment"


References

Latin legal terminology