INDEBITI SOLUTIO

INDEBITI SOLUTIO

indebiti solutio (in-deb-i-tI s[schwa]-l[y]oo-shee-oh). [Latin] Roman & Scots law. Payment of what is not owed. ? Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO.

¡°Indebiti Solutio ¡ª When a person has paid in error what he was not bound to pay the law lays upon the person who has received payment a duty of restitution…. Payment (solutio) includes any performance whereby one person has been enriched at the expense of another. Usually it will be the handing over of money or of some other thing, but it may also consist in undertaking a new liability or in discharging an existing liability.¡± R.W. Lee, The Elements of Roman Law 373¨C74 (4th ed. 1956).


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