Repetition

In Civil Law. The act by which a person demands and seeks to recover what he has paid by mistake or delivered on a condition which has not been performed.

Dig. 12. 4. 5.

The name of an action which lies to recoyer the payment which has been made by mistake, when nothing was due. Repetition is never admitted in relation to natural obligations which have been voluntarily acquitted, if the debtor had capacity to give his consent.

6 Toullier, Dr. Civ. 386.

In order to entitle the payer to recover back money paid by mistake, it must have been paid by him to a person to whom he did not owe it, for otherwise he cannot recover it back, — the creditor having, in such case, the just right to retain the money. Bepetitio nulla est ah eo qui swam recepit. How far money paid under a mistake of law is liable to repetition has been discussed by civilians; and opinions on this subject are divided.

2 Poth. Obi. (Evans Ed.) 369, 408-437; 1 Story.Eq. PL §111, note 2. —

In Scotch Law

The act of reading over a witness' deposition, in order that he may adhere to it or correct it, at his choice. The same as recolement (q. v.) in the French law.

2 Benth. Ev. bk. 3, c. 12, p. 239.

See "Legacy."

See Legacy.