Condictio
idea · 2 works · 5 mentions · 8 anchored passages
condictio indebiti · condictio · condictio sine causa
in the texts
Institutes of Roman Law
The general personal action used to recover money or property owed, including money paid by mistake.
The repayment of the principal was enforced by the general personal action of condictio.
As Condictio indebiti, the action brought for recovering money paid by mistake, was not founded on disposition or contract, but on the fact that a defendant had been without cause enriched at the expense of the plaintiff, there seems to be no reason why it should not be brought against a ward who receives without his guardian’s sanction money to which he is not entitled, except that the ward might …
The receiver of what was not owed from a person who pays in error is also under a real obligation, for he may be sued by Condictio with the formula:
Lectures on the Early History of Institutions
A Roman legal remedy involving a wager (Sponsio and Restipulatio) between disputing parties before a referee.
The text of the treatise begins again with a description of the Condictio, which is said by Gaius to have been created, but which is believed to have been only regulated, by two Roman statutes of the sixth century of Rome—the Lex Silia and the Lex Calpurnia.
And this I suppose—differing, I own, from several high authorities—to be the true significance of the Sponsio and Restipulatio, which we know to have been of the essence of the ancient Roman Condictio, and of the agreement to appear before the Prætor in thirty days.