PVL3704 EXAM WITH QUESTIONS AND WELL VERIFIED ANSWERS [GRADED A+]
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Course
PVL3704
Institution
PVL3704
PVL3704 EXAM WITH QUESTIONS AND
WELL VERIFIED ANSWERS [GRADED A+]
Requirement for the condictio indebiti (3) (Roman Law) - ANS---datio of money or
things;
error; and
unduey payment
.
solvendi animo per errorem (Roman Law) - ANS---in the mistaken belief that the
debt was due.
Quantum of...
PVL3704 EXAM WITH QUESTIONS AND
WELL VERIFIED ANSWERS [GRADED A+]
Requirement for the condictio indebiti (3) (Roman Law) - ANS✔✔---datio of money or
things;
error; and
unduey payment
.
solvendi animo per errorem (Roman Law) - ANS✔✔---in the mistaken belief that the
debt was due.
Quantum of claim (Roman Law) - ANS✔✔---The received had to restore the thing plus
fixtures plus fruits (less production expenses)
The receiver entitled to compensation for his or her necessary expenses and useful
expenses.
Interest drawn on the money paid for, and the value of, a service cannot be recovered with
this condictio.
, Requirements in Roman Dutch Law - ANS✔✔---Essentially the same as that which
feature in Roman Law.
View that a payment based on an error of law could not be recovered remained in place.
Plaintiff could be denied the condictio only on considerations of equity
Obiligation to return in Roman Dutch Law - ANS✔✔---Obligation of receiver to restore
the thing:-
Obligation to return the thing received
If no longer in his or her possession then the value thereof to be returned.
Defence can be raised - ANS✔✔---He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not his or her fault.
Has to restore as much of the value of the thing as still remained in his / her estate.
Condictio indebiti in SA Law - ANS✔✔---1. Remedy based on unjustified enrichment.
2. Person reclaims performance rendered under an excusable mistake that was not owing
i.t.o. the remedy.
3. Unowed performance may in certain circumstances be reclaimed from a party other than
the actual recipient thereof.
4. Reclamataion depends on who the law regards as being the actual recipient of the value
transferred.
Datio (Roman Law) - ANS✔✔---dationis. noun. Definitions: donation/gift.
giving/assigning/allotting/handing over (act), transfer
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