3 CONDICTIO INDEBITI: GENERAL REQUIREMENTS 28 3.1 Introduction 30 3.2 Roman law 30 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

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).

Chapter 5 - Condictio ob turpem causam. Chapter 6 - Condictio furtiva. Chapter 7 - Actio negotiorum gestorum contraria - Action resulting from unauthorised administration of another's affairs. Chapter 8 - Condictio indebiti - the claim for indebite payment 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.

Condictio indebiti south african law

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 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.

Advocate and member of the National Bar Council of South Africa. 7,697 likes · 26 talking about this. These cases is for general information and should not be used or relied on as legal or other

Defendant, and particular context in a number of South African law journals, but more. South African law the excusability of the transferor's mistake is regarded as a Restitution by means of the condictio indebiti is frequently refused on this basis Application in South African law. 32.

Analysis of English and German Law', (2001) 118 South African Law Journal was similar: the defendant contended that the condictio indebiti did not lie as the.

Chapter 7 - Actio negotiorum gestorum contraria - Action resulting from unauthorised administration of another's affairs. Chapter 8 - Condictio indebiti - the claim for indebite payment The condictio indebiti could be used to claim moneys that had been paid without authority or beyond the powers of the person.

Administrative 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. 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.
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TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. 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 back by an action called condictio indebiti. 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.

The book takes Condictio indebiti - de betekenis volgens Oosthoek 1916. Unjustified Enrichment Revision Notes Law. md. Arbeidsgivers korreksjon av for meget utbetalt lønn 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.
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This condictio isnot 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 AfricanBanking Corporation,1 and then, more recently, in a judgment of Harms JA in Bowman,De Wet and Du Plessis NNO v Fidelity Bank Ltd.2 Something this

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 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.

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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.