The ''condictio indebiti'' is an
action
Action may refer to:
* Action (narrative), a literary mode
* Action fiction, a type of genre fiction
* Action game, a genre of video game
Film
* Action film, a genre of film
* ''Action'' (1921 film), a film by John Ford
* ''Action'' (1980 fil ...
in
civil (Roman) law whereby a
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 ...
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 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 t ...
,
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 count ...
and
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 th ...
.
[See e.g]
The 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 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