Condictio indebiti
Encyclopedia
The condictio indebiti is an action
in civil (Roman) law
whereby a plaintiff
may recover what he has paid the defendant by mistake. This action does not lie, 1. if the sum was due ex aequitate, or by a natural obligation; 2. 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. South Africa
and Scotland
.
Condictio
In Roman Civil Law, a Condictio 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...
in civil (Roman) law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
whereby a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
may recover what he has paid the defendant by mistake. This action does not lie, 1. if the sum was due ex aequitate, or by a natural obligation; 2. 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. South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.