CONDICTIO

condictio (k<<schwa>>n-dik-shee-oh), n. [fr. Latin condicere “to demand back”] Roman & civil law. A personal action in the nature of demanding something back; an action of debt. • In the sense here used, debt must be understood broadly to cover not only contractual but also quasi-contractual or tort claims. Condictio is usu. founded on an obligation to give or do a certain thing or service. — In English termed condiction; action of debt. Pl. condictiones (k<<schwa>>n-dik-shee-oh-neez). — condictitious, condictious,adj. “Condiction was a form of legal procedure … first applied to the recovery of a loan of a definite sum of money, and afterwards applied to a loan of other things (‘fungibles’) where the return of the loan was required in quantity and quality, but not the identical things; in fact, where the borrower undertook to repay not this, but so much of the article and quality received. When condiction was applied to such things, it was said to be called triticaria (‘relating to wheat’) from one of the most important subjects, but this action (condictio triticaria) was afterwards extended so as to include all cases where things certain, other than coined money, were redemanded. In practice the term triticaria was not used, or Justinian has cut it out.” 2 Henry John Roby, Roman Private Law 76 (1902). “The principal actio stricti juris was the condictio, a general term with many applications. It might be brought for a certain sum of money (condictio certae pecuniae), or for some other certain thing (condictio triticaria), or to assert an illiquid claim (condictio incerti). The various forms of condictio were also distinguished according to the cause which gave rise to them, as condictio furtiva, condictio indebiti, and others ….” R.W. Lee, The Elements of Roman Law 435 (4th ed. 1956).

condictio causa data, causa non secuta (k<<schwa>>n-dik-shee-oh kaw-z<< schwa>> day-t<<schwa>>, kaw-z<<schwa>> non si-kyoo-t<<schwa>>). [Latin “claim for recovery, consideration having been given but consideration not having followed”] Roman & civil law. An action for recovery of money paid when the con-sideration for the payment has not been furnished. • The classic case in Scotland concerned an advance payment for ship’s engines: war broke out, the engines were requisitioned but never supplied, and the payment was held to be recoverable. Pl. condictiones causa data,causa non secuta. condictio certi (k<<schwa>>n-dik-shee-oh s<<schwa>>r-tI). [Latin “claim for recovery of a certain sum or thing”] An action based on a promise to do a thing, where the promise is certain. condictio ex causa furtiva (k<<schwa>>n-dik-shee-oh eks kaw-z<<schwa>> f<< schwa>>r-tI-v<<schwa>>). See condictio rei furtivae. condictio ex lege (k<<schwa>>n-dik-shee-oh eks lee-jee). [Latin “claim for recovery under a statute”] An action arising where a statute creates an obligation but provides no remedy. condictio furtiva (k<<schwa>>n-dik-shee-oh f<<schwa>>r-tI-v<<schwa>>). See condictio rei furtivae. condictio incerti (k<<schwa>>n-dik-shee-oh in-s<<schwa>>r-tI). [Latin “claim for recovery of an uncertain amount”] An action to recover an uncertain amount. condictio indebiti (k<<schwa>>n-dik-shee-oh in-deb-<<schwa>>-tI). [Latin “claim for recovery of something not due”] An action to prevent the unjust enrichment of a defendant who had received money or property from the plaintiff by mistake. — Also termed actio condictio indebiti (though strictly speaking this is a solecism).

condictio ob rem dati, re non secuta (k<<schwa>>n-dik-shee-oh ahb rem day-tI, ree non si-kyoo-t<<schwa>>). [Latin “personal claim based on a transfer made for a purpose that has failed”] Roman law. A condiction for something handed over for a purpose that has failed, as for the settlement of a lawsuit when in fact the lawsuit has nevertheless continued.

condictio ob turpem vel injustam causam (k<<schwa>>n-dik-shee-oh ahb t<< schwa>>r-p<<schwa>>m vel in-j<<schwa>>s-t<<schwa>>m kaw-z<<schwa>>m). [Latin “personal claim based on an immoral or illegal cause”] Roman law. A personal claim by an innocent party to recover money or property paid for an immoral or illegal purpose. — Sometimes shortened to condictio ob turpem causam.

“The condictio ob turpem vel iniustam causam lay where the payment or conveyance had been made for an immoral or illegal purpose (e.g. to induce the recipient not to commit a crime, or to return what he had borrowed and was wrongfully refusing to return). But the plaintiff must not be equally tainted by the ‘turpitude,’ as he would be, for example, if the payment had been made to induce the recipient to commit a crime.” Barry Nicholas, An Introduction to Roman Law 230 (1962).

condictio rei furtivae (k<<schwa>>n-dik-shee-oh ree-I f<<schwa>>r-tI-vee). [Latin “claim for recovery of a stolen thing”] An action to recover a stolen thing or its value if the thing could not be returned. • A condictio rei furtivae could be brought by an owner or pledgee against the thief or the thief’s heirs. — Also termed condictio furtiva; condictio ex causa furtiva.

condictio sine causa (k<<schwa>>n-dik-shee-oh sI-nee kaw-z<<schwa>>). [Latin “claim for recovery of money or a thing given without consideration”] An action for the recovery of property transferred without consideration and in contemplation of a specific event that did not occur, such as a dowry made in view of a marriage that does not take place. condictio triticaria (k<<schwa>>n-dik-shee-oh trI-ti-kair-ee-<<schwa>>). [Latin “claim for recovery of wheat”] An action for the recovery of a specified quantity of a named commodity. [Blacks Law 8th]