Juridical Dictionary

This dictionary contains:
8526
juridical terms

Condictio indebiti






Condictio indebiti

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.

RELATED TERMS
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Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Defendant
A party who is sued in a personal action.

Mistake
Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract.

Fact
An action; a thing done. It is either simple or compound.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.



SIMILAR TERMS
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Condedit
Ecclesiastical law. The name of a plea, entered by a party to a libel filed in the ecclesiastical court, in which it is pleaded that the deceased made the will which is the subject of the suit, and that he was of sound mind.

Condelegates
Advocates who have been appointed judges of the bigh court of delegates are so called.

Condemnation
Civil law. A sentence of judgment which condemns some one to do, to give, or to pay something; or which declares that his claim or pretensions are unfounded.

Condiction
Lat. condictio. This term is used in the civil law in the same sense as action.

Conditio
Latin. A stipulation, proviso, condition.

Conditio sine qua non
A condition without which (a thing can) not (exist); an indispensable prerequisite.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Condition precedent
A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent".

Condition subsequent
A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs.

Conditional legacy
A request which is to take effect upon the happening or, not happening of a certain event.

Conditional obligation
One which is superseded by a condition under which it was created and which is not yet accomplished.

Conditional release
A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Conditional resident
Any alien granted permanent resident status on a conditional basis, who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.

Conditions of sale
Contracts. The terms upon which the vendor of property by auction pro poses to sell it.

Condonation
Divorces can be obtained by showing a fault of the other spouse, such as adultery or cruelty. But a court will refuse to grant a divorce based on these grounds if there has been "condonation", which is the obvious or implied forgiveness of the fault. For example, if the "injured" spouse resumes cohabitation with the "guilty" spouse after being informed of the adultery, and for a long period or time, the "injured" spouse may be barred from divorce on the grounds of adultery because of "condonation".

Conduct
Law of nations. This term is used in the phrase safe conduct, to signify the security given, by authority of the government, under the great seal, to a stranger, for his quietly coming into and passing out of the territories over which it has jurisdiction.

Conduct money
The money advanced to a witness who has been subpoenaed to enable him to attend a trial, i's so called.

Conduct of the trial
The manner in which a trial and its proceedings are carried out, e.g. the rules which decide such matters as the oath to be administered, and whether the court or opposing attorneys question witnesses. The conduct of the trial is purely a question for the lex fori (infra).

Conductor operarum
Civil law. One who undertakes, for a reward, to perform a job or piece of work for another.



PREVIOUS AND NEXT TERMS
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Concursus
The rule that after a shipowner's limitation fund has been duly constituted, other legal proceedings in respect of the casualty concerned must be stayed and all claims resulting from the casualty must be filed against the limitation fund and disposed of in a single "limitation proceeding

Concussion
Civil law. The unlawful forcing of another by threats of violence to give something of value.

Condedit
Ecclesiastical law. The name of a plea, entered by a party to a libel filed in the ecclesiastical court, in which it is pleaded that the deceased made the will which is the subject of the suit, and that he was of sound mind.

Condelegates
Advocates who have been appointed judges of the bigh court of delegates are so called.

Condemnation
Civil law. A sentence of judgment which condemns some one to do, to give, or to pay something; or which declares that his claim or pretensions are unfounded.

Condictio indebiti

Condiction
Lat. condictio. This term is used in the civil law in the same sense as action.

Conditio
Latin. A stipulation, proviso, condition.

Conditio sine qua non
A condition without which (a thing can) not (exist); an indispensable prerequisite.

Condition
Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise.

Condition precedent
A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent".

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This dictionary contains 8526 terms.