(6) Discuss the defence of non-enrichment with the condictio indebiti as it is applied in South African law. Provide two practical examples. King v Cohen: The
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
Unjustified Enrichment in South African Law. Front Cover. J. C. Sonnekus. LexisNexis, 2008 - Unjust Condictio causa data causa non secuta. 97. Copyright The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many Title: Condictio indebiti - En kritisk analys av Högsta Domstolens behandling av Author/s: Ekelund, Hampus; Department/s: Department of Law; In LUP since 8 mars 2016 — Högsta domstolen att rätt till ersättning föreligger eftersom tryckerikunden betalat för mycket moms av misstag, så kallad condictio indebiti.
Roman law origin. Roman-Dutch extensions. South African law. Condictio indebiti - the claim for indebite payment.
action in the South African law of unjustified enrichment. 80. The condictio indebiti was used to claim an undue payment or performance that was transferred.
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. by Sunelle Eloff.
The book takes 2013-07-01 [13] A further development in modern South African law has occurred in the case of occupiers (as opposed to possessors). A bona fide possessor believes that he holds as owner, although he is mistaken as to his ownership. An occupier does not have that belief, but nonetheless has or believes he has some lesser right to possess. South African Law Practitioners, Graduates And Students.
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
43. 4.2. Statutory enrichment action: Alienation of embrace within our understanding of South African common law - not only condictio indebiti (as had formerly been the case12), it ordered repayment of the. 17 Jul 2020 What You Need To Know.
if the sum was due ex aequitate , or by a natural obligation; 2.
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if he who made the payment knew that nothing was due, for qui consulto dat quod non debet, praesumitur donare (who gives purposely what he does not owe, is presumed to make a gift). 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.
Both Scottish and South African law generally require positive proof of a liability mistake on the part of the transferor in order to found the restitution of mistaken transfers. 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 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.
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av C Isaksson · 2021 — 47 Cappelletti, Mauro, Access to Justice as a Theoretical Approach to Law and a Practical Programme for. Reform, South African Law Journal 109/1992, s. av allmän art, som exempelvis att betalningen mottagits och förbrukats i god tro (condictio indebiti) och att sådana invändningar hör hemma i allmän domstol.217 Mot
making the payment in a representative capacity (ultra vires payments). Condictio indebiti. Something given or transferred in ownership to another (1). Ca n consist of corporeal things or incorporeal things, such as rights (1); 5.3.