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Simple English definitions for legal terms

condictio

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A quick definition of condictio:

Condicio: A legal term that refers to a type of personal action used to demand something back, usually in the form of debt. This can include claims for things like contracts, torts, or quasi-contracts. The action is typically based on an obligation to give or do something specific, and can be used to recover a certain sum of money or other items. There are various types of condicio, including condicio certi, which is based on a certain promise, and condicio sine causa, which is used to recover property transferred without consideration.

A more thorough explanation:

Definition: Condictio is a legal term that refers to a personal action of debt in Roman and civil law. It is a demand for something to be returned, and can cover not only contractual but also quasi-contractual or tort claims. Condictio is usually based on an obligation to give or do a certain thing or service.

Examples: Condictio can be applied to the recovery of a loan of a definite sum of money, or to a loan of other things where the return of the loan is required in quantity and quality, but not the identical things. For instance, if someone borrows a certain amount of wheat and promises to repay the same amount of wheat, but not necessarily the same wheat, then condictio triticaria can be applied. Another example is condictio indebiti, which is an action to prevent the unjust enrichment of a defendant who had received money or property from the plaintiff by mistake.

Explanation: The examples illustrate how condictio can be applied to different situations where something is owed or needs to be returned. Condictio triticaria shows how the action can be used for loans of other things besides money, while condictio indebiti shows how it can be used to prevent someone from keeping something they did not rightfully earn. Overall, condictio is a legal tool that can be used to demand the return of something that is owed or unjustly kept.

condemnor | conditio

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