Condictio indebiti

When condictio indebiti is a kind of Leistungskondiktion from the law of unjust enrichment. It is governed by § 812 paragraph 1 sentence 1 BGB Case 1 ( Germany ) and § 1431 Austrian Civil Code ( Austria ) or Article 62 paragraph 2 and Article 63 OR ( Switzerland ).

A condictio indebiti is when was made ​​, but has never passed a legal basis for the performance, the recipient of the service was therefore not entitled to the performance. It may be that the legal basis from the beginning was not ceased to exist (for example immoral agreement) or later with retroactive effect (ex tunc ), for example by a challenge.

Example

A condictio indebiti is very common in accounts receivable from credit institutions by false interest rates are recognized in the accounting requirement. The payment of the claim resulting from the ( by too much interest calculated ) enrichment leads regularly to a refund forced the banks against the debtor. Since the enrichment was immoral, the limitation is regularly exposed.