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Condiction
Introduction
Condemnation is a civil law term that refers to the legal right to reclaim something that was obtained without legal cause. This concept is relevant in many legal systems, including German law. In this article, we will examine in detail condiction, its subtypes, and the circumstances in which it may be excluded.
What is condiction?
Condemnation refers to the legal claim by which a party may demand the return of unjust enrichment. If a person obtains something without legal cause, the other party may demand its return by condemnation.
Subtypes of condiction
There are several subtypes of condiction, which differ in the type of unjust enrichment and the circumstances. The main subspecies include:
- Condictio indebiti: This refers to the case where a service has been rendered without a legal obligation. If someone erroneously performs something believing he is obligated to do so, he may demand restitution by condictio indebiti.
- Condictio ob turpem vel iniustam causam: If a service was rendered on the basis of an immoral or illegal obligation, the service can be reclaimed.
- Condictio causa data causa non secuta: If a service was rendered for a specific purpose and this purpose does not occur, the service can be reclaimed.
Exclusion of condiction
There are certain circumstances under which condiction may be excluded:
- Statute of limitations: If a certain period of time has elapsed since the unjust enrichment, the claim for condiction may be time-barred.
- Enrichment: If the enricher has acted in good faith and the enrichment no longer exists, the condiction may be excluded.
- Legal ground arose subsequently: If a legal ground justifying the performance arises after the performance, the condiction is excluded.
Meaning and application
Condemnation plays an important role in civil law to reverse unjust enrichment and provide justice. It is particularly relevant in cases of mistake, immoral agreements or when a service was rendered for a specific purpose that did not occur.
Conclusion
Condemnation is an important instrument in civil law used to reverse unjust enrichment. There are different subtypes of condiction that apply to different types of unjust enrichment. The claim to condiction may be excluded under certain circumstances, e.g. in the event of the statute of limitations, depletion or if a legal reason for the performance arises subsequently. It is important to understand the principles of condiction in order to know when and how to apply them to achieve justice.
