The condictio indebiti is an action in civil (Roman) law whereby a plaintiff 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).[1][2][3]
The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway,[4] South Africa and Scotland .[5]
^Walter A. Shumaker, George Foster Longsdorf.
The cyclopedic law dictionary. Second edition, 1922.
^Bell, Diet; Calv. Lex.; 1 Kames, Eq. 307.
^John Trayner. Latin phrases and maxims: collected from the institutional and other writers on Scotch law. Edinburgh: William Paterson, 1861.
^See e.g. Viggo Hagstrøm (2011), Obligasjonsrett, page 700 et seq.
^See e.g. The common law of South Africa By Manfred Nathan, Johannes Voet
The condictioindebiti is an action in civil (Roman) law whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment...
lege condictio ex paenitentia condictio furtiva condictio incerti condictioindebiticondictio liberationis condictio ob causam datorum condictio ob injustam...
quasi-delicts (equivalent to the common-law tort). unjust enrichment (condictioindebiti) One of the first known classifications was made by Gaius in his Institutes...
negotiorum gestio, namely: condictioindebiti; condictio causa data causa non secuta; condictio ob turpem vel iniustam causam; condictio sine causa specialis...
the investigation reached the Supreme Court where the principle of condictioindebiti was tested. The ship was built in Trondheim by Ørens Mekansike Værksted...
so the executor may recover the excess from them by means of the condictioindebiti. Similarly, an executor may reclaim from concurrent creditors an overpayment...
director the profit made by him, and that such a claim was neither a condictioindebiti, nor an action for damages, nor an action upon a contract, and that...
on two actions of the classical Roman period—the condictio and the actio de in rem verso. The condictio authorized recovery by the plaintiff of a certain...
Global Information