Define: Cujus Per Errorem Dati Repetitio Est Ejus Consulto Dati Donatio Est

The phrase translates to “He who gives by mistake may reclaim, but he who gives intentionally cannot reclaim.” It refers to the principle that if a person makes a mistake in giving something, they have the right to take it back, but if they give something intentionally, they cannot reclaim it.

Yes, according to the principle of “Cujus Per Errorem Dati Repetitio Est,” if a person gives something by mistake, they have the right to reclaim it.

The time limit for reclaiming a gift given by mistake may vary depending on the jurisdiction and specific circumstances. It is advisable to consult with a legal professional to understand the applicable time limits in your jurisdiction.

A mistake in giving a gift can occur when there is an error in the identity of the recipient, the nature of the gift, or any other essential element of the gift. It is important to establish that the mistake was genuine and not a result of negligence or carelessness.

No, according to the principle of “Cujus Per Errorem Dati Repetitio Est,” if a person gives something intentionally, they cannot reclaim it, even if they later regret their decision.

The ability to reclaim a gift given by mistake may depend on whether the gift has been used or consumed. In some cases, if the gift is no longer in the possession of the recipient, it may be more challenging to reclaim it. Legal advice should be sought to determine the specific circumstances.

If the recipient was aware of the mistake at the time of receiving the gift, it may impact the ability to reclaim it. The principle of “Cujus Per Errorem Dati Repetitio Est” generally applies when the mistake is unknown to the recipient. Legal advice should be sought to determine the impact of the recipient’s awareness.

The ability to reclaim a gift given by mistake may be affected if the recipient has sold or transferred it to a third party. The legal implications may vary depending on the jurisdiction and specific circumstances. Seeking legal advice is recommended in such cases.

Exceptions to the principle may exist in certain jurisdictions or specific circumstances. It is essential to consult with a legal professional to understand the applicable laws and any exceptions that may apply.