condictio sine causa

condictio sine causa

in Roman law, a personal action for the restitution of something, there, in fact or in law, having been no cause for the transfer in the first place. The action was known in Roman law, is known in South African and other civilian systems and appears in Scottish writings and a few cases.
References in periodicals archive ?
(60) Finally, the condictio sine causa specialis provides a mop up where there is no obligation, or the putative obligation is not owed to the recipient of the transfer.
(196) As we have seen there are parallels with debates around cancellation for breach in South Africa, but more importantly this reflects the emphasis on the defendant's right to retain the enrichment in Canada, and the condictio sine causa in its guise as the condictio ob causam finitam is available in cases where there was a causa or valid basis initially, but which falls away.
Unjust factors, absence of juristic reason and the development of Canadian unjust(ified?) enrichment law
The Digest also includes a broader category--the condictio sine causa (66) (debt claim where the basis is absent) which, although in some ways a residual category, (67) also includes wide statements of principle, and was regarded by some Civilian authors as providing a general remedy.
Artificiality in failure of consideration
Legal browser ?
Full browser ?