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Dissertation

Nemo condicit rem suam

On 12 Februari 2019, Tobias van der Wal defended his thesis 'Nemo condicit rem suam'. The doctoral research was supervised by Prof. mr. W.J. Zwalve.

Author
Tobias van der Wal
Date
12 February 2019
Links
Leiden Repository

In current Dutch civil law, there may be a coincidence between the revocation and the claim from undue payment. This confluence is, historically speaking, remarkable. In Roman law, both actions were opposed to each other. Where the revocation was based on the claimant's property right, the condictio, the precursor of the current claim for undue payment, was based on the defendant's obligation to transfer a property to the claimant. Concurrence of both claims was therefore, in principle, excluded.

It is concluded that the acceptance of a causal system of transfer of ownership - a system in which a obligatory title is a condition for transfer of ownership - has led to the condictio being a claim that is no longer aimed at transfer of ownership, and can therefore coincide with the re-indication.

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