South African law requires the mistake to be excusable or reasonable. 15 A condictio indebiti lies to recover a payment made in the mistaken belief that there is a debt owing. 16 In order for the bank to succeed with its claim based on condictio indebiti there are certain requirements which the bank must be first comply with.

if the sum was due ex cequitate or by a natural obligation; 2. if [] Condictio indebiti. 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.

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 The essential allegations for the condictio indebiti are that: (a) The transfer or payment must have been made in the bona fide and reasonable but mistaken belief that it was owing; (b) The transfer must have been made sine causa or indebite, there must therefore have been no legal or natural obligation to have made it. 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 are present. 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.

In Wille’s Principles of South African Law, the author said said the condictio causa data, causa non secuta, is aimed at the recovery of money or property which was transferred (in ownership) to another on an assumption (relating to future) which did not materialize.

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

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 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 Condictio indebiti.

10 Mar 2015 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

15 A condictio indebiti lies to recover a payment made in the mistaken belief that there is a debt owing. 16 In order for the bank to succeed with its claim based on condictio indebiti there are certain requirements which the bank must be first comply with. Both Scotland and South Africa recognize a requirement of excusable mistake in the context of the condictio indebiti, the action for the recovery of mistaken payments. Since the law of unjustified enrichment in both jurisdictions is essentially civilian in origin, this resemblance is unsurprising. Law allows relief when undue payment is made under protest.

Chapter 4 - Condictio ob causam finitam. Chapter 5 - Condictio ob turpem causam. Chapter 6 - Condictio furtiva.
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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 for recovery of certain unjust enrichments in Scots law. Negotiorum gestio ([ni-ˌgō-shē-ˈȯr-əm-ˈjes-chē-ō], Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the gestor, acts on behalf and for the benefit of a principal (dominus negotii), but without the latter's prior consent.

Bibliography. Table of Cases.
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Volkswagen South Africa Pty Ltd v Commissioner for SARS 1123 2016 2017 of the Insolvency Act on claim under the condictio indebiti where payment made

if [] 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 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).