LECTURE 05 - E&E-22-03-2017 Secuta.pptx - LCSP 4814 ENRICHMENT AND ESTOPPEL LECTURE 5 MRS A SEPTEMBER VAN HUFFEL Compiled by Mrs A September Van

LECTURE 05 - E&E-22-03-2017 Secuta.pptx - LCSP 4814...

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LCSP 4814 ENRICHMENT AND ESTOPPEL LECTURE 5 MRS. A SEPTEMBER VAN HUFFEL 22/03/2017 Compiled by Mrs A. September Van Huffel
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Previously on unjustified enrichment…. Condictio Indebiti = mistaken belief = other variations that apply in various other scenarios We looked at Deceased Estates/Law of Succession and Erroneous Cheque Payments Administration of Estates – in particular we considered the position of the Executor when a mistaken distribution is made to a creditor or beneficiary = his use of the statutory CI Section 50(b) to recover the benefit + Section 50 (a) his personal liability for the mistaken distribution We looked at Section 31 and its application to Creditors that lodge their claims late and their position in terms of liability toward costs for the Executor having to redo the L&D administration process + we looked at their position – in not being able to reclaim a distribution directly from another creditor or beneficiary who received their benefit during the administration process + how the position of the late creditor changes after the administration process when the Executor is released from his duties and late creditors step into the shoes of the Executor … WE ENDED LECTURE 4 E&E ON THIS NOTE 22/03/2017 Compiled by Mrs A. September Van Huffel
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CONDICTIO CAUSA DATA CAUSA NON SECUTA HISTORICAL DEVELOPMENT: In Roman Law there was no such thing as a consensual contract . Only contracts recognised by civil law was a contract that was enforceable . So if you sell property there must be consensus and you have to hand over something symbolic in connection with the property (ex. Twig or soil etc – still today for example the house keys, purchaser placed in effective possession and control of the property .) Consensus was therefore not enough on its own in Roman Law . Roman Dutch Law – consensual contract is enough = The Secuta requires a symbolic handover of something in connection thereto was not needed in RDL. In SA we use the Secuta NB Reading Study Guide 2016: read pages 94-96 for background purposes. 22/03/2017 Compiled by Mrs A. September Van Huffel
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CONDICTIO CAUSA DATA CAUSA NON SECUTA 22/03/2017 Compiled by Mrs A. September Van Huffel Although the Secuta is still part of SA law…circumstances for use are limited Sonnekus: is of the opinion that “nut uitgedien is” the circumstances under which the condictio causa data causa non secuta action can be instituted under Roman law has been restricted considerably. = Consensus by itself brings about a valid contract . Therefore where one party delivers property (performs) in terms of valid contract, that same party cannot deliberately recover performance before the other party had the opportunity to perform as this would lead to a breach of contract. The party having a right to performance may use the contractual remedies when the other party fails to or refuses to perform.
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  • Fall '18
  • Mrs A. September Van Huffel

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