|
Condictio Indebiti
In Roman law and the civil legal systems descending from it, the is a legal action () whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment is known as . This action does not lie # if the sum was due , or by a natural obligation; # if he who made the payment knew that nothing was due, for {{lang, la, 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 South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ... and Scotland .See e.gThe 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 Cod ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. 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 common law comes from uncodified case law that arises 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, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Action
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by t ... [...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 Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ... References {{Italic title Roman law ... [...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 d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norway
Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of Norway. Bouvet Island, located in the Subantarctic, is a Dependencies of Norway, dependency, and not a part of the Kingdom; Norway also Territorial claims in Antarctica, claims the Antarctic territories of Peter I Island and Queen Maud Land. Norway has a population of 5.6 million. Its capital and largest city is Oslo. The country has a total area of . The country shares a long eastern border with Sweden, and is bordered by Finland and Russia to the northeast. Norway has an extensive coastline facing the Skagerrak strait, the North Atlantic Ocean, and the Barents Sea. The unified kingdom of Norway was established in 872 as a merger of Petty kingdoms of Norway, petty kingdoms and has existed continuously for years. From 1537 to 1814, Norway ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjacent Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. To the south-east, Scotland has its Anglo-Scottish border, only land border, which is long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The population in 2022 was 5,439,842. Edinburgh is the capital and Glasgow is the most populous of the cities of Scotland. The Kingdom of Scotland emerged as an independent sovereign state in the 9th century. In 1603, James VI succeeded to the thrones of Kingdom of England, England and Kingdom of Ireland, Ireland, forming a personal union of the Union of the Crowns, three kingdo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condictio Causa Data Causa Non Secuta
In Roman law, the was a legal action () for recovery of a transfer of property, where the purpose for the transfer had failed (). During the recognition of innominate contracts, and their enforcement via the , the 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 , the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract. The 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 '' nouveaux riches'' with an explicit request for the property (usually factories, but also land and other) to be brought for a specific purpose. As such requests were as a rule ''not'' fulfilled, in some (but by far ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
