condictio indebiti. Both Scottish and South African law generally require positive proof of a liability mistake on the part of the transferor in order to found the restitution of mistaken transfers. Moreover, in both Scottish and SouthAfrican law the excusability of the transferor’s mistake is regarded as a relevant consideration in determining whether or not restitution should be

Condictio Indebiti Under Scrutiny. In April 2016, Gildenhuys Malatji’s Commercial Llitigation and Public Law Department went on trial in the Pretoria High Court representing the defendant in an action based on the condictio indebiti. The facts are, in short, that during 2007 the plaintiff engaged with the defendant.

This is, however that the condictio indebiti is concerned only with the return of performance. [11] He contended that the plaintiff can neither rely on the condictio indebiti because there is (See JC Sonnekus Unjustified Enrichment in South African Law). Condictio indebiti - the claim for indebite payment. Roman law origin. Roman- Dutch law. South African law.

Condictio indebiti south african law

law,6 environmental law7 and product liability law8 are to a large extent subject 3 For further details see www. sgecc.net. 4 A detailed European comparative law analysis is to be found in v. Bar and Drobnig, The Interaction of Contract Law and Tort and Property Law in Europe (Munich 2004). 14 Jun 2016.

Chapter 6 - Condictio furtiva. Chapter 7 - Actio negotiorum gestorum contraria - Action resulting from unauthorised administration of another's affairs.

From Wikipedia, The Free Encyclopedia 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.

The basis of the condictio indebiti. The acceptance of error as a specific ground of New South Wales Law Reform Commission, Report.

South African law. Condictio indebiti - the claim for indebite payment. Roman law origin. Roman-Dutch law. South African law. Condictio sine causa. 9.4 - Roman law heritage. 9.5 - Development in the Roman-Dutch law. 9.6 - South African law. Bibliography. Table of Cases. Index Related products.

This action does not lie, 1. if the sum was due ex aequitate, or by a South African law (2007) 1041 1067), while the latter action has been seen as . with a normal supposition and the condictio indebiti would seem to be the . While Scottish law demonstrates the relatively orderly and linear development of the excusability requirement from its origins in Roman law, the influence of the ius commune remedy of restitutio in integrum on the South African condictio indebiti has been a decisive factor in the progressive strengthening of this requirement in South African law. Drawing on Scottish and South African case law, this article identifies three distinct ways in which the concept of 'excusable mistake' can be Condictio indebiti under scrutiny.

When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti. This action does not lie, 1.
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Visser The Law of Unjustified Enrichment (2008), Juta. Yet the similarity between Scottish and South African law in this respect turns out to be a superficial one only. In fact, the requirement of excusable mistake has evolved very differently in each of these two jurisdictions. Scottish law demonstrates the relatively orderly and linear development of the condictio indebiti from its Roman origins. When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti.

The facts are, in short, that during 2007 the plaintiff engaged…. Provided By Gildenhuys Malatji Incorporated. by Sunelle Eloff. Condictio indebiti.
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condictio indebiti. Both Scottish and South African law generally require positive proof of a liability mistake on the part of the transferor in order to found the restitution of mistaken transfers. Moreover, in both Scottish and SouthAfrican law the excusability of the transferor’s mistake is regarded as a relevant consideration in

The facts are, in short, that during 2007 the plaintiff engaged with the defendant. condictio indebiti. Both Scottish and South African law generally require positive proof of a liability mistake on the part of the transferor in order to found the restitution of mistaken transfers.

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unjust enrichment in roman law and its aplicability, by english courts, as a general rule for enforcing promises. Keywords: object of the condictio indebiti was restitution of like description and New South Wales: Federation Press

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). Roman law The requirements for the condictio indebiti : 1. Things had to be transferred in ownership; there had to be a datio of money, other replaceable things, or another specific object.