Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
actio condictio indebiti
W. See condictio indebiti under CONDICTIO. Strictly speaking, the headword is a solecism, since a condictio is a type of actio, but it is occasionally found in legal literature.
condictio
[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 noncontractual claims. Condictio is usu. founded on an obligation to give or do a certain thing or service. - Also termed condiction; action of debt. - condictitious, condictious adj."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 furtiua, condictio indebiti, and others ...." R.W. Lee, The Elements of Roman Law 435 (4th ed. 1956).
condictio certi
[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 furtive
See conductio rei furtiuae.
condictio ex lege
. [Latin "claim for recovery under a statute"] An action arising where a statute creates an obligation but provides no remedy. condictio furtive See condictio rei furtivae.
condictio incerti
[Latin "claim for recovery of an uncertain amount"] An action to recover an uncertain amount.
condictio indebiti
[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.
condictio rei furtivae
. [Latin "claim for recovery of a stolen thing"] An action to recover a stolen thing. ( A condictio rei furtivae could bebrought against the thief or the thief heirs. - Also termed condictio furtiva; condictio ex causa furtiva.
condictio sine causa
[Latin "claim for recovery of money or a thing given without consideration"] An action for the recovery of a thing given 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
[Latin "claim for recovery of wheat"] An action for the recovery of a specified quantity of a named commodity.