Condictio causa data non secuta

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The condictio causa data, causa non secuta is the reclamation due to failure of the expected success. In analogy to § 1435 ABGB , doctrine and jurisprudence have developed the condictio causa data, causa non secuta . The service provider is entitled to this if he provides a service with the recognizable expectation of a certain success to the recipient, but this success does not occur. The service may not be the subject of a contract .