Condictio ob causam finitam
The condictio whether causam finitam or condictio causa finita is a type of performance condition from the right to enrichment , which in Germany in § 812 para. 1 sentence 2 alt. 1 BGB or in Austria in § 1435 ABGB or in Switzerland in Art. 62 Para. 2 3rd Hyp. OR is specifically regulated.
In the case of the condictio ob causam finitam , there was originally a legal ground that later ceased to exist ex nunc , for example a donation that was later revoked. This is where the condictio ob causam finitam differs from the condictio sine causa , for which there was never a legal reason, be it that such a reason was void from the beginning or that it later ceased to apply to the past ( ex tunc ). This distinction is particularly important in Austrian property law : If someone buys an item and the sales contract is subsequently dissolved ex tunc (i.e. as if the contract had never existed), the buyer never became the owner of the item. As a result, a potential new buyer could at best acquire original ownership of the item, but not derivative . If the contract was subsequently terminated ex nunc, the new buyer could acquire derivative ownership of the item, provided that the purchase took place before the contract was terminated.
Further performance conditions of Roman law were for example the condictio ob rem , the condictio ob turpem vel iniustam causam or the condictio indebiti .
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 272-274.
- Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 160.
Individual evidence
- ↑ § 1435 ABGB legal information system of the Austrian Federal Chancellery, accessed on March 21, 2014
