Condictio ex lege
The condictio ex lege (for example: reclamation from law ) describes the Justinian creation of a new lawsuit from the area of Roman law of conditions . It was used to pursue newly created legal claims during late antiquity , for which no special type of claim was provided for in the law.
The lawsuit was created as a catch-all against the background of the dissociation of widespread legal thought from the unified principle of the classic doctrine of condictiones , which in turn was based on the actiones in the form process . With the transition from the form process to the cognitive process process , several condition types were formed, which can be found in separate digest titles.
Individual evidence
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 270–275.
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↑ Digest 12.4 ( condictio causa data causa non secuta );
Digest 12.5 ( condictio ob turpem vel iniustam causam );
Digests 12.6 ( condictio indebiti );
Digest 12.7 ( condictio sine causa );
Neoplasms: Digest 13.1 ( condictio furtiva ) and Digest 13.2 ( condictio ex lege ).
