Define: Condictio

Condictio
Condictio
Full Definition Of Condictio

A condictio is a legal action in Roman law that allows a person to recover a specific thing or its value from another person who has unjustly obtained it. It is a form of restitutionary remedy that can be used when there is no other legal basis for the claim. The condictio requires the claimant to prove that they have a right to the thing or its value and that the defendant has possession of or control over it. If successful, the claimant may be entitled to the return of the thing or its value as determined by the court.

Condictio FAQ'S

A condictio is a legal action or claim for the recovery of something that is owed or unjustly retained.

There are several types of condictio, including condictio certi (for a specific sum of money), condictio indebiti (for the recovery of an undue payment), and condictio causa data causa non secuta (for the recovery of something given for a specific purpose that was not fulfilled).

A condictio is a specific type of legal action in Roman law and civil law systems, while a lawsuit is a broader term that can encompass a variety of legal actions.

To bring a condictio claim, the claimant must be able to prove that there is a legal basis for the recovery of the thing owed or unjustly retained, such as a contract, unjust enrichment, or mistake.

No, a condictio claim is a civil law matter and cannot be brought in a criminal case.

The statute of limitations for bringing a condictio claim can vary depending on the jurisdiction and the specific circumstances of the claim. It is important to consult with a legal professional to determine the applicable statute of limitations.

The remedies available in a condictio claim can include the recovery of the thing owed or unjustly retained, as well as damages or interest.

Yes, a condictio claim can be brought against a government entity if there is a legal basis for the claim, although there may be specific procedures and limitations that apply.

You can find a lawyer to help with a condictio claim by contacting your local bar association, asking for referrals from friends or colleagues, or searching online legal directories. It is important to find a lawyer with experience in civil law and condictio claims.

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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: 25th April 2024.

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