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Condictio indebiti

Legal action to recover what the plaintiff has mistakenly paid the defendant From Wikipedia, the free encyclopedia

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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).[1][2][3]

The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway,[4] South Africa and Scotland .[5]

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See also

§ 812 I 1 1. Alt BGB (German Civil Code)

Further reading

References

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