Condictio Ex Lege is a legal principle that refers to a claim for restitution based on a specific legal provision. It allows a party to seek compensation or recovery of property in situations where the law explicitly provides for such restitution. This principle is often invoked when there is a breach of contract or violation of a legal duty, and the injured party seeks to enforce their rights under the applicable law. The Condictio Ex Lege principle ensures that individuals are able to seek redress for harm caused to them in accordance with the legal framework in place.
Condictio Ex Lege is a legal term that refers to a legal action or claim that arises from the operation of law.
Condictio Ex Lege can be invoked when there is a specific legal provision that grants a right to claim compensation or restitution without the need for a prior agreement or contract.
Condictio Ex Lege can apply to various situations, such as cases of unjust enrichment, where one party has been unjustly enriched at the expense of another.
Condictio Ex Lege is not recognised in all legal systems. Its availability and applicability may vary depending on the jurisdiction and legal framework.
The purpose of Condictio Ex Lege is to provide a legal remedy to individuals who have suffered a loss or deprivation without any fault on their part.
Yes, Condictio Ex Lege can be used to claim damages in certain circumstances, particularly when there is a specific legal provision that allows for such a claim.
In some jurisdictions, Condictio Ex Lege can be waived or excluded by agreement between the parties. However, this may not be possible in all cases, as it depends on the specific legal provisions and the nature of the claim.
The time limit for invoking Condictio Ex Lege may vary depending on the jurisdiction and the specific legal provision. It is important to consult with a legal professional to determine the applicable time limit in a particular case.
Condictio Ex Lege is primarily used as a legal action or claim, rather than a defence. However, in some cases, it may be invoked as a defence against a claim for unjust enrichment or restitution.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 4th May 2024.
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