Condictio

In Roman law. A general term for actions of a personal nature, founded upon an obligation to give or do a certain and defined thing or service. It is distinguished from vindicatio rei, which is an action to vindicate one's right of property in a thing by regaining (or retaining) possession of it against the adverse claim of the other party.

— Condictio certi. An action which lies upon a promise to do a thing, where such promise or stipulation is certain, (st certa sit stipulatio.) Inst. 3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1; Bract, fol. lOSb.

— Condictio ex lege. An action arising where the law gave a remedy, but provided no appropriate form of action. Cni-vin.

— Condictio indebitati. An action which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fact or in law.

— Condictio rei furtivae. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.

— Coudictio sine cansa. An action which lay in favor of a person who bad given or promised a thing without consideration. (causa.) Dig. 12, 7; Co.d. 4, 9.

t In the civil law. A the person, in which the plaintiff to be given to him. Condictio certi: do a thing, where the promise is sonal action, arising from a particular action to recover money paid by an action against a thief or his heir dictio sine causa: an action in favor promised a thing without consideration.

In Ronan law. A general term ior actions of a personal nature, founded upon an obligation to give or doa certain and defined thing or service. It is distinguished from vindicatio re?, which is an action to vindicate one’s right of property in a thing by regaining (or retaining) possession of it against the adverse claim of the other party.

Lat. [from condicere, to summon; denuntiare,] In the civil law. A personal action; an action against the person, in which the plaintiff complains that something ought to be given to him; {dicimus condictionem actumem in personam esse, qud actor intendit dari sibi oportere,) Inst,.4. 6. 16. Sometimes called condictitia actio; an action of condiction. Inst. 3. 15. 1. This sense of the word is admitted in the Institutes to be an abuse (abusive dicimus condictionem) of its original meaning, which was a denunciation or summoning, the word being derived from condicere, which, in the old language, signified to denounce, or summon a party to appear on a certain day to receive judgment. Inst. 4, 6, 15. Theoph, in loco. Heinecc. Elem, Jur, Civ. lib. 4, tit. 6, § 1145. Hallifax Anal, b. 3, ch. 1, nu. 5.