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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. 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.

Introduction. 43. 4.2. Statutory enrichment action: Alienation of retention without a legal ground 4.13. rights in rem, not in personam 4.30– Condictio indebiti.

Unjust Enrichment in South African Law: Rethinking Enrichment by

enrichment as one of the major legal jungles in South African law. This is, however that the condictio indebiti is concerned only with the return of performance.

Unjust Enrichment in South African Law: Rethinking Enrichment by

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.

South African law. Actio negotiorum gestorum contraria - Action resulting from unauthorised administration of another's affairs. Roman law origin. Roman-Dutch extensions. South African law.
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Condictio indebiti. From Wikipedia, the free encyclopedia.

South 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.
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"LUP i siffror" Manualzz

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 .

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Unjust Enrichment in South African Law: Rethinking Enrichment by

Chapter 4 - Condictio ob causam finitam. 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).

Unjust Enrichment in South African Law: Rethinking Enrichment by

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. Provide two practical examples.

Table of Cases.