Condictio indebiti

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).

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

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.