Condictio incerti
The condictio incerti denotes a under Justinian resulting unjust enrichment action of the Roman law of late antiquity .
In deviation from the strict legal principle of the classic form process , which required that the condictiones aimed at reclaiming "certain things" ( condictio certae rei ) or "certain sums" ( condictio certae pecuniae ), the creditor could demand enrichment with a condictio incerti , which did not exist in any certum (fixed, indisputable value). Enrichment of the debtor through the unjustified acquisition of claims or, conversely, through the exemption from liabilities came into consideration .
The claim to enrichment was not exhausted in the legal custom of dare oportere (= it is proper to give ), but pursued an obligation to take action in the sense of dare facere oportere (= it is to give ). Since there was an obligation to act ( facere ), an “omission” could have both a liability and aggravating effect. Similar to the actio ex stipulatu eines incertum , the process formula named the reason for the obligation.
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 270–275.
Individual evidence
- ^ A b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 274 f.
