Verksamhetsberättelse 2012 Juridicum - Juridiska fakulteten

"LUP i siffror" Manualzz

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. 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.

"LUP i siffror" Manualzz

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 South African law (2007) 1041 1067), while the latter action has been seen as .

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These cases is for general information and should not be used or relied on as legal or other 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). Videre finnes læren om condictio indebiti også i den engelske common 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. If the address matches an existing account you will receive an email with instructions to retrieve your username (63) She reanalyzes the condictio indebiti in terms of different unjust factors, including failure of consideration. He argued that in South Africa under the condictio indebiti, the mistake must be a mistake as to liability; in English law it can be a mistake as to pretty much anything at all, so long as it … 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 Ltd.2 Something The condictio indebiti The condictio ob turpem vel iniustam causam The condictio causa data causa non secuta Sonnekus Unjustified Enrichment in South African Law (2007), LexisNexis.
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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. Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance 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 … Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes 2013-08-01 Tags: condictio indebiti quasi transfer condictio indebiti condictio quasi quasi indebiti condictio quasi indebiti sine causa condictio sine causa south african south african law von koschembahr-lyskowski modern south african see von koschembahr fidelity bank ltd harms ja justinian vol de villiers jp im klassischen römischen klassischen 2013-07-01 La Condictio Indebiti Di Alberto Erxleben : Free Download Condictio Indebiti: Johannes T H Van Niekerk V Liberty Group Condictio indebiti - de betekenis volgens Oosthoek 1916.

The facts are, in short, that during 2007 the plaintiff engaged…. 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. 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.
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Roman-Dutch law. South In order to avoid duplication, these questions will be discussed fully in our study of modern South African law below. (4) Discuss the distinction between the application of the condictio indebiti and the condictio sine causa specialis as expounded in the Govender case. 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.

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. If the address matches an existing account you will receive an email with instructions to retrieve your username (63) She reanalyzes the condictio indebiti in terms of different unjust factors, including failure of consideration. He argued that in South Africa under the condictio indebiti, the mistake must be a mistake as to liability; in English law it can be a mistake as to pretty much anything at all, so long as it … 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 Ltd.2 Something The condictio indebiti The condictio ob turpem vel iniustam causam The condictio causa data causa non secuta Sonnekus Unjustified Enrichment in South African Law (2007), LexisNexis. De Vos Verrykingsaanspreeklikheid in die Suid-Afrikaanse Reg (1987) 3rd ed, Juta.
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Unjust Enrichment in South African Law: Rethinking Enrichment by

Yet the similarity between Scottish and South African law in this respect turns out to be a superficial one only. In fact, the requirement of excusable mistake has evolved very differently in each of these two jurisdictions. Scottish law demonstrates the relatively orderly and linear development of the condictio indebiti from its Roman origins.