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) pessession of it against the adverse claim of the other party. Condictio certi. An action which lies up on a promise to do a thing, where such promise or stipulation is certain, (ceria lit stipulation) Inst. 3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1; Bract, fol. 108b. Condiotio on lego. An action arising where the law gave a remedy, but provided no appropriate form of action. Calvin. 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 furtive. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst 4, 1, 19. Condictio sine causa. An action which lay in favor of a person who had given or promised a thing without consideration {causa.) Dig. 12, 7; Cod. 4, 9.