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Condictio indebiti

Legal action to recover what the plaintiff has mistakenly paid the defendant

Legal action to recover what the plaintiff has mistakenly paid the defendant

In Roman law and the civil legal systems descending from it, the condictio indebiti is a legal action (condictio) 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

  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).Walter A. Shumaker, George Foster Longsdorf. The cyclopedic law dictionary. Second edition, 1922.

The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway, South Africa and Scotland .

References

References

  1. Bell, Diet; Calv. Lex.; 1 Kames, Eq. 307.
  2. John Trayner. [https://books.google.com/books?id=oRMMAAAAYAAJ&dq=qui+consulto+dat+quod&pg=PA280 Latin phrases and maxims: collected from the institutional and other writers on Scotch law]. Edinburgh: William Paterson, 1861.
  3. See e.g. Viggo Hagstrøm (2011), Obligasjonsrett, page 700 et seq.
  4. See e.g. [https://books.google.com/books?id=z18SAAAAYAAJ&dq=Condictio+Indebiti&pg=PA1006 The common law of South Africa By Manfred Nathan, Johannes Voet]
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