Finally it seeks to defend in principled terms the mixed approach to enrichment by transfer (namely unjust factors and absence of legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this

All the detrimental side effects were not taken into account in determining the amount claimable under the action, therefore the condictio indebiti was an undeveloped enrichment action. (6) Discuss the defence of non-enrichment with the condictio indebiti as it is applied in South African law. Provide two practical examples.

CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession Sunelle Eloff has been involved in an enrichment claim where the Supreme Court of Appeal eventually changed the common law requirements of condictio indebiti. This matter is currently pending before the Constitutional Court, where, if the SCA judgment is upheld, it will alter the centuries-old Roman Dutch common law requirements for proving an enrichment claim. 2015-03-10 · The condictio indebiti is an action in civil (Roman) law whereby a plaintiff may recover what he has paid the defendant by mistake. 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).

Condictio indebiti south african law

Provide two practical examples. Condictio indebiti: | The |condictio indebiti| is an |action| in |civil (Roman) law| whereby a |plaintiff| may World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. 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. condictio indebiti. in Roman law, a personal action to require a defender to make over a sum of money or a thing given to the defender in the belief that the pursuer was legally obliged to give it to the defender when legally the payment was not due; by analogy, a ground … South African law.

Condictio indebiti under scrutiny In April 2016, Gildenhuys Malatji’s Commercial Litigation 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… Provided By Gildenhuys Malatji Incorporated

Bar and Drobnig, The Interaction of Contract Law and Tort and Property Law in Europe (Munich 2004). Advocate and member of the National Bar Council of South Africa. 7,692 likes · 31 talking about this. These cases is for general information and should not be used or relied on as legal or other Condictio indebiti - the claim for indebite payment.

Roman law : a formal claim for a thing : an action against a person originally for a certain sum of money but later also for specific things and still later also for

Condictio sine causa. 9.4 - Roman law heritage. 9.5 - Development in the Roman-Dutch law. 9.6 - South African law. Bibliography.

The COnDICTIO qUASI InDEbITI Jacques du Plessis* 1 Introduction This essay focuses on something called the condictio quasi indebiti. This condictio is not well-known in South African law. In fact, it features only twice in the law reports: first,almost a century ago, in a judgment of De Villiers JP in Van Wijk’s trustee v African THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. JUDGMENT. Reportable. Case In Barnard the court was concerned with a claim based on the condictio indebiti by the father of three minor children against the heir of the children’s maternal recognises the special role and responsibility that parents have in raising children in South African law.
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Advocate and member of the National Bar Council of South Africa. 7,692 likes · 31 talking about this. These cases is for general information and should not be used or relied on as legal or other Condictio indebiti - the claim for indebite payment. Roman law origin. Roman- Dutch law.

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2013-08-01 · June 2013 (3) The South African Law Reports (pp 325 – 645); [2013] 2 The All South African Law Reports May no 1 (pp 251 – 375); and no 2 (pp 377 – 499) Abbreviations: CC: Constitutional Court. GNP: North Gauteng High Court, Pretoria. GSJ: South Gauteng High Court. SCA: Supreme Court of Appeal. WCC: Western Cape High Court. Administrative law

if he who made the payment knew that nothing was due, for qui… The condictio indebiti is an action in such mistaken payment is known as solutio indebiti.