condictio indebiti

condictio indebiti

in Roman law, a personal action to require a defender to make over a sum of money or a thing given to the defender in the belief that the pursuer was legally obliged to give it to the defender when legally the payment was not due; by analogy, a ground for recovery of certain unjust enrichments in Scots law. The remedy is widely known in modern civilian systems and appears in many codifications.

CONDICTIO INDEBITI, civil law. When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti. This action does not lie, 1. if the sum was due ex cequitate, or by a natural obligation; 2. if he who made the payment knew that nothing was due, for qui consulto dat quod non debetat, prcesumitur donare. Vide Quasi contract.

References in periodicals archive ?
Vestre Landsret has on June 11, 2019, delivered a principled judgment on condictio indebiti (recovery order) in case of inter-municipal reimbursement.
This kind of recovery requirement is regulated by the unwritten rules on condictio indebiti.
In Vestre Landsret's judgment of 11 June 2019, the court generally stated about condictio indebiti:"In a situation such as the present, where the reimbursement of early retirement is based solely on the legal basis, it is the premise that an erroneous and thus unjustified reimbursement can be claimed back from the receiving municipality and there is no information in the case that can justify this departure should be departed from ".
Vestre Landsret does not therefore emphasize the general conditions for condictio indebiti, but rather that the erroneous payment was based on a legal basis.
This is particularly important in terms of the lack of overlap between the condictio indebiti and condictio causa data causa non secuta.
He argues that Roman law, from which the "civilian" systems are derived, was partly absence of basis--the condictio sine causa--but also had claims for mistake (condictio indebiti) and failure of consideration (condictio causa data causa non secuta).
(25) It also explains why it is not wholly irrational for Scots (26) and South African law (27) to have a requirement the claimant show a mistake in their condictio indebiti actions; the mistake requirements are not bizarre imports from English law, but have a respectable Roman vintage, (28) and the error requirement, which must be a mistake as to liability, is tied into the requirement that no debt or other valid obligation to pay exists.
(63) She reanalyzes the condictio indebiti in terms of different unjust factors, including failure of consideration.
He argued that in South Africa under the condictio indebiti, the mistake must be a mistake as to liability; in English law it can be a mistake as to pretty much anything at all, so long as it causes the payment.
Ademas fue tratada la datio in solutum sine causa en el derecho romano como una solutio indebiti, y de manera correspondiente, a diferencia de lo que ocurria con la emptio venditio sine causa, era otorgada en este caso la condictio indebiti (70).
No procede, pues, la condictio indebiti. Al igual que el de excusion, el beneficio de division se justifica en razones de equidad que atienden al caracter subsidiario de cada cofiador con respecto a la cuota de los demas.
En realidad, el acreedor carecia de accion para obligar al deudor a ejecutar la prestacion; pero si este pagaba voluntariamente, como pagaba lo que debia, no podia valerse de la condictio indebiti para repetir el pago.