The ''condictio causa data causa non secuta'' under

Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...

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

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to ...

s, 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 ''Pacta sunt servanda'', Latin for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religio ...

'', 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 The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Ge ...

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 ''Nouveau riche'' (; ) is a term used, usually in a derogatory way, to describe those whose wealth has been acquired within their own generation, rather than by familial inheritance. The equivalent English term is the "new rich" or "new money" ( ...

'' 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 not all) cases the public pressure has forced the governments to act upon the initial contract and claim back the property, paying the buyer who had failed to carry out his or her part of the agreement partial (or rarely full) restitution for his or her payment according to the first contract. Such cases were usually related to issues of bribery and embezzlement by state officials in the instances of signing the initial contracts of sale.

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

also still recognises the action of ''condictio causa data causa non secuta'' among the other '' condictiones'', as was shown in the landmark case, in the field of

unjustified 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 ...

(restitution), of Shilliday v Smith (especially per Lord President Rodger).

References

External links

{{wikisource-inline, 1911 Encyclopædia Britannica/Roman Law, condictio causa data causa non secuta Roman law German business law Scots law Latin legal terminology