- Title
- The Condictio Indebiti and Unjust Factors (1)
- Creator
- Glover, Graham B
- Subject
- To be catalogued
- Date
- 2006
- Type
- text
- Type
- article
- Identifier
- http://hdl.handle.net/10962/186869
- Identifier
- vital:44541
- Identifier
- xlink:href="file:///C:/Users/User/Downloads/69THRHR419%20(2).pdf"
- Description
- Since the Supreme Court of Appeal has continued to avoid taking the step of recognising a general enrichment action,' the traditional enrichment actions of the common law remain fundamentally important to the operation of the law of unjustified enrichment in South Africa. Most significant of these is the condictio indebiti, which is probably the most well-known and liberally utilised enrichment action in South African law.2 In this article, the nature and scope of this condictio will be examined, and it will be shown that it has grown beyond its notionally traditional role of reversing payments or transfers made unjustifiably by mistake, to include causes of action in duress and protest. The implications of this for the condictio, as well as for the foundations of our enrichment law will then be examined, with reference to the two leading schools of enrichment law: the civilian school, typified by German law, and the common-law school, typified by English law.
- Format
- computer, online resource, application/pdf, 1 online resource (18 pages), pdf
- Publisher
- Hein Online
- Language
- English
- Relation
- Tydskrif vir Hedendaagse Romeins-Hollandse Reg, Glover, G., 2006. The Condictio Indebiti and Unjust Factors (1). Tydskrif vir Hedendaagse Romeins-Hollandse Reg, 69, p.419-436, Tydskrif vir Hedendaagse Romeins-Hollandse Reg volume 69 p. 419 2006 9780409079241
- Rights
- Publisher
- Rights
- Use of this resource is governed by the terms and conditions of the HeinOnline User Rules Statement (https://help.heinonline.org/kb/heinonline-user-rules/)
- Rights
- Closed Access
- Hits: 528
- Visitors: 556
- Downloads: 50
Collections
Glover, Graham (Prof)
RU Department of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | The Condictio Indebiti and Unjust Factors (1).pdf | 682 KB | Adobe Acrobat PDF | View Details Download |