Legal Definitions - condictio

In Roman and civil law systems, a condictio is a type of legal action used to demand the return of something that is owed or was transferred without a proper legal basis. It functions as a personal claim to recover specific property, money, or the value of a service, often when there's an obligation to give or do a certain thing.

• Example 1: Imagine a person who lends a friend $5,000 with the clear understanding that the money will be repaid. If the friend fails to repay, the lender could initiate a condictio to demand the return of the specific sum of money.

• Example 2: A customer pays a contractor a deposit for a home renovation project. If the contractor, for no valid reason, never starts the work and refuses to return the deposit, the customer could use a condictio to recover the advanced payment.

Specific Types of Condictiones:

condictio causa data, causa non secuta

This refers to a legal action to recover money or property that was given for a specific purpose or consideration that ultimately failed or was never fulfilled. The phrase translates to "consideration having been given, but consideration not having followed."

• Example 1: A person pays a significant advance to an artist to commission a unique sculpture for their garden. Before the sculpture is completed, the artist's studio burns down, destroying all materials and making it impossible to create the artwork. The person could use a condictio causa data, causa non secuta to recover the advance payment because the intended purpose (receiving the sculpture) failed.

• Example 2: A company makes a payment to a software developer for the creation of a custom application. Due to unforeseen technical challenges, the developer is unable to deliver the promised application. The company could pursue a condictio causa data, causa non secuta to reclaim the payment.

condictio certi

This is an action based on a promise to deliver a specific, definite thing or a certain sum of money. "Certi" means "of a certain thing."

• Example 1: A farmer promises to deliver 100 sacks of a specific type of organic fertilizer to a gardening supply store by a certain date. If the farmer fails to deliver, the store could bring a condictio certi to demand the delivery of that exact quantity and type of fertilizer.

• Example 2: A person agrees to sell their vintage car, specifically identified by its make, model, and VIN, for a fixed price of $25,000. If the buyer pays but the seller refuses to transfer the car, the buyer could use a condictio certi to demand the transfer of that particular vehicle.

condictio ex lege

This action arises when a statute or law creates an obligation but does not explicitly provide a specific legal remedy for its enforcement. The court infers a right to recover based on the statutory obligation.

• Example 1: A new environmental protection law mandates that industrial facilities must contribute to a regional clean-up fund for hazardous waste. However, the law doesn't specify how the fund can recover contributions from facilities that refuse to pay. The fund could initiate a condictio ex lege to compel payment based on the statutory obligation.

• Example 2: A consumer rights act states that businesses must refund any overcharged amounts to customers. If a customer is overcharged and the business refuses to issue a refund, but the act doesn't detail the specific court procedure for recovery, the customer might use a condictio ex lege to enforce their right to a refund.

condictio incerti

This is an action to recover an amount that is not precisely fixed or certain at the time the claim is made. The exact value or quantity needs to be determined by the court.

• Example 1: A contractor performs extensive repair work on a property without a pre-agreed contract, but with the owner's implicit consent. When the contractor seeks payment, the owner disputes the amount. The contractor could bring a condictio incerti to have the court determine the reasonable value of the services rendered.

• Example 2: A shipment of perishable goods is damaged during transit due to the carrier's negligence. The exact financial loss to the recipient is uncertain, as it depends on the extent of spoilage and market prices at the time of delivery. The recipient could file a condictio incerti to recover the undetermined amount of damages.

condictio indebiti

This action is used to recover money or property that was paid or transferred by mistake, preventing the recipient from being unjustly enriched. "Indebiti" means "of something not due."

• Example 1: A company's accounting department accidentally processes a duplicate payment to a supplier, sending them the same invoice amount twice. The company could use a condictio indebiti to recover the mistakenly overpaid sum from the supplier.

• Example 2: An individual mistakenly pays their neighbor's property tax bill instead of their own, due to a mix-up in paperwork. The individual could bring a condictio indebiti to recover the money from the neighbor, who was not obligated to pay it.

condictio ob rem dati, re non secuta

This action is for recovering something that was handed over for a specific purpose that ultimately failed to materialize. It's similar to condictio causa data, causa non secuta but emphasizes the physical transfer of an item for a specific, unfulfilled purpose.

• Example 1: A person transfers ownership of a piece of land to a local council with the explicit understanding that the land would be used to build a community sports center. If the council later decides not to build the center and uses the land for administrative offices instead, the original owner could bring a condictio ob rem dati, re non secuta to reclaim the land.

• Example 2: A business owner gives a substantial sum of money to a potential partner to secure a specific, lucrative contract for their joint venture. If the partner fails to secure the contract and keeps the money, the business owner could use a condictio ob rem dati, re non secuta to recover the funds.

condictio ob turpem vel injustam causam

This is a claim by an innocent party to recover money or property that was paid for an immoral or illegal purpose. The key is that the party seeking recovery must not be equally involved or "tainted" by the immoral or illegal act.

• Example 1: A small business owner is extorted by a local gang, who demand "protection money" to prevent damage to their shop. The owner pays the money under duress. The owner, being the victim of extortion, could bring a condictio ob turpem vel injustam causam to recover the money, as they were not equally involved in the illegal act.

• Example 2: A person pays a corrupt official a bribe to expedite a legitimate permit application for a new construction project. The person's underlying purpose (getting a permit) is legal, but the act of bribing is illegal. The person could potentially use a condictio ob turpem vel injustam causam to recover the bribe, provided they are considered the less culpable party.

condictio rei furtivae

This action allows an owner or a person with a legal interest (like a pledgee) to recover a stolen item or its monetary value if the item cannot be returned. "Rei furtivae" means "of a stolen thing."

• Example 1: An antique dealer discovers that a valuable painting was stolen from their gallery. The dealer identifies the thief and brings a condictio rei furtivae to demand the return of the painting. If the painting has been sold or destroyed, the action would seek its market value.

• Example 2: A person's bicycle is stolen from their garage. After the thief is identified, the owner could initiate a condictio rei furtivae to either get their bicycle back or receive compensation for its value if it's no longer recoverable.

condictio sine causa

This action is for the recovery of property or money transferred without a valid legal reason or consideration, often in anticipation of a specific event that ultimately does not occur. "Sine causa" means "without cause."

• Example 1: A person gives an expensive engagement ring to their fiancé in contemplation of marriage. If the engagement is later broken off and the marriage does not take place, the person could use a condictio sine causa to recover the ring, as the underlying reason for the transfer (the marriage) failed.

• Example 2: A wealthy individual transfers a sum of money to a relative to help them start a specific business venture. If the business venture never materializes and the money is not used for its intended purpose, the individual could bring a condictio sine causa to recover the funds.

condictio triticaria

Historically referring to the recovery of wheat, this action is used to recover a specified quantity of a named, fungible commodity (meaning items that are interchangeable, like grains, oil, or certain raw materials).

• Example 1: A farmer loans 500 bushels of corn to a neighboring farm during a difficult harvest season, with the agreement that the exact quantity of corn would be returned after the next harvest. If the neighbor fails to return the corn, the farmer could bring a condictio triticaria to demand the return of 500 bushels of corn.

• Example 2: A construction company temporarily borrows 20 tons of a specific grade of sand from another contractor for an urgent project. If the borrowing contractor fails to return the agreed-upon quantity of sand, the lending company could use a condictio triticaria to recover the specified amount.