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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 Banking Corporation,1 and then, more recently, in a judgment of Harms JA in Bowman, De Wet and Du Plessis NNO v Fidelity Bank The condictio indebiti could be used to claim moneys that had been paid without authority or beyond the powers of the person. making the payment in a representative capacity (ultra vires payments). Condictio indebiti. Something given or transferred in ownership to another (1). Ca n consist of corporeal things or incorporeal things, such as rights (1); Chapter 3 - Condictio causa data causa non secuta. Chapter 4 - Condictio ob causam finitam.

View Notes - Enrichment Unit 3.docx from LCSP 4818 at University of the Free State. LAW OF ENRICHMENT CHAPTER 3 1ST CLASSICAL ENRICHMENT ACTION (CONDICTIO INDEBITI) Klein NO v South African Transport 3.3 Roman-Dutch law 32 3.4 Application in South African law 32 4 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS 41 4.1 Introduction 43 4.2 Statutory enrichment action: Alienation of Land Act 43 4.3 The condictio indebiti and the law of succession 45 4.4 The condictio indebiti and the law of insolvency 48 4.5 Ultra vires payments and the condictio indebiti 49 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession Payments made under duress and protest Ultra vires payments Re: Void contracts for sale of land or void contracts for hire-purchase agreements Where performance made in terms of void contract – plaintiff should be able to reclaim performance if requirements of condictio … 2015-03-31 by Schutz JA, South African law recognises four general principles of enrichment liability: the defendant must be enriched; the plaintiff must be impoverished; the defendant’s enrichment must be at the plaintiff’s expense, i.e. there must be 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 .

CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession 7.3 Roman-Dutch law 71 7.4 Application in South African law 72 7.5 Application of the condictio indebiti in the law of bills of exchange 73 8 NEGOTIORUM GESTIO 79 8.1 Introduction 81 8.2 Roman law 81 8.3 Roman-Dutch law 82 8.4 Application in South African law 83 8.4.1 True management of affairs action (actio negotiorum gestorum contraria) 83 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.

Unjust Enrichment in South African Law: Rethinking Enrichment by

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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Download for offline reading, highlight, bookmark or take notes while you read Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer. Law Society of South Africa. Business Center. Magagula Matolweni Attorneys. Lawyer & Law Firm. South African Law Practitioners, Graduates And Students. Interest.

The common essential allegations in the condictio sine causa, (A pays to B money which is due to C) and condictio indebiti (performance in terms of an invalid contract where invalidity is due to a failure to comply with prescribed formalities), is that the defendant was enriched at the expense of plaintiff and plaintiff was impoverished and the enrichment was unjustified or sine causa [8]. 3.3 Roman-Dutch law 32 3.4 Application in South African law 32 4 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS 41 4.1 Introduction 43 4.2 Statutory enrichment action: Alienation of Land Act 43 4.3 The condictio indebiti and the law of succession 45 4.4 The condictio indebiti and the law of insolvency 48 4.5 Ultra vires payments and the condictio indebiti 49 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession Payments made under duress and protest Ultra vires payments Re: Void contracts for sale of land or void contracts for hire-purchase agreements Where performance made in terms of void contract – plaintiff should be able to reclaim performance if Law allows relief when undue payment is made under protest. Not the protest which founds the claim but fact that protest is incompatible with intention to donate. CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession 2015-04-01 · The condictio sine causa specialis According to Wille’s Principles of South African law 9th ed (Juta: Cape Town 2007) at 1055, this action is mainly applied in circumstances where none of the other above mentioned condictiones can find application. It is also used where value is transferred for a valid cause, which cause later falls away. by Schutz JA, South African law recognises four general principles of enrichment liability: the defendant must be enriched; the plaintiff must be impoverished; the defendant’s enrichment must be at the plaintiff’s expense, i.e.
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9.4 - Roman law heritage. CONDICTIO INDEBITI, civil law. 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 BA (Law) LLB LLM (RAU) Drs Jur LLD (Leiden) Advocate of the High Court of South Africa Chapter 8 Condictio indebiti - the claim for indebite payment. 227.

3.3 Roman-Dutch law 32 3.4 Application in South African law 32 4 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS 41 4.1 Introduction 43 4.2 Statutory enrichment action: Alienation of Land Act 43 4.3 The condictio indebiti and the law of succession 45 4.4 The condictio indebiti and the law of insolvency 48 4.5 Ultra vires payments and the condictio indebiti 49 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession Payments made under duress and protest Ultra vires payments Re: Void contracts for sale of land or void contracts for hire-purchase agreements Where performance made in terms of void contract – plaintiff should be able to reclaim performance if Law allows relief when undue payment is made under protest. Not the protest which founds the claim but fact that protest is incompatible with intention to donate. CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession 2015-04-01 · The condictio sine causa specialis According to Wille’s Principles of South African law 9th ed (Juta: Cape Town 2007) at 1055, this action is mainly applied in circumstances where none of the other above mentioned condictiones can find application. It is also used where value is transferred for a valid cause, which cause later falls away.
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Unjust Enrichment in South African Law: Rethinking Enrichment by

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

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Scott argues that while the absence of a relationship of indebtedness is a necessary condition for restitution, it is not a sufficient condition. condictio causa data causa non secuta: in Roman law, the personal action for non-materialization of one side of a bilateral agreement. Originally its scope was narrower, applying to cases where one side of innominate real contract had been performed and the other person pulled out. This action allowed for a claim to be made for a return. The law,6 environmental law7 and product liability law8 are to a large extent subject 3 For further details see www. sgecc.net.

From Wikipedia, the free encyclopedia. Jump to navigation Jump to search. 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. This action does not lie, 1. if the sum was due ex aequitate, or by a 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. if the sum was due ex cequitate or by a natural obligation; 2.