PVL3704 COMPREHENSIVE EXAMINATION
TEST QUESTIONS AND CORRECT ANSWERS
COMPLETE SOLUTION VERIFIED PASS
●● Datio (Roman Law)
Answer: dationis. noun. Definitions: donation/gift.
giving/assigning/allotting/handing over (act), transfer.
●● solvendi animo per errorem (Roman Law)
Answer: in the mistaken belief that the debt was due.
●● Quantum of claim (Roman Law)
Answer: The received had to restore the thing plus fixtures plus fruits
(less production expenses)
The receiver entitled to compensation for his or her necessary expenses
and useful expenses.
Interest drawn on the money paid for, and the value of, a service cannot
be recovered with this condictio.
●● Requirements in Roman Dutch Law
Answer: Essentially the same as that which feature in Roman Law.
, View that a payment based on an error of law could not be recovered
remained in place.
Plaintiff could be denied the condictio only on considerations of equity
●● Obiligation to return in Roman Dutch Law
Answer: Obligation of receiver to restore the thing:-
Obligation to return the thing received
If no longer in his or her possession then the value thereof to be
returned.
●● Defence can be raised
Answer: He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not
his or her fault.
Has to restore as much of the value of the thing as still remained in his /
her estate.
●● Condictio indebiti in SA Law
Answer: 1. Remedy based on unjustified enrichment.
TEST QUESTIONS AND CORRECT ANSWERS
COMPLETE SOLUTION VERIFIED PASS
●● Datio (Roman Law)
Answer: dationis. noun. Definitions: donation/gift.
giving/assigning/allotting/handing over (act), transfer.
●● solvendi animo per errorem (Roman Law)
Answer: in the mistaken belief that the debt was due.
●● Quantum of claim (Roman Law)
Answer: The received had to restore the thing plus fixtures plus fruits
(less production expenses)
The receiver entitled to compensation for his or her necessary expenses
and useful expenses.
Interest drawn on the money paid for, and the value of, a service cannot
be recovered with this condictio.
●● Requirements in Roman Dutch Law
Answer: Essentially the same as that which feature in Roman Law.
, View that a payment based on an error of law could not be recovered
remained in place.
Plaintiff could be denied the condictio only on considerations of equity
●● Obiligation to return in Roman Dutch Law
Answer: Obligation of receiver to restore the thing:-
Obligation to return the thing received
If no longer in his or her possession then the value thereof to be
returned.
●● Defence can be raised
Answer: He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not
his or her fault.
Has to restore as much of the value of the thing as still remained in his /
her estate.
●● Condictio indebiti in SA Law
Answer: 1. Remedy based on unjustified enrichment.
