The actio de in rem verso in Malta

Abstract

The 'Actio De In Rem Verso' is the name given by French jurists to the general action enforcing the universal and age old principle prohibiting the retention of an Unjustified Enrichment. It has been said that the name says nothing of the nature of the institute, but only of the result it aims at: that is, the reclaiming of the benefit that has been transferred to someone else. Also one may argue that the Actio De In Rem Verso in Roman Law was a very different institute from its modern namesake. It was but a limited application of the principle prohibiting an Unjustified Enrichment arising from the situation where a dominus, who could not be bound by any obligation entered into by his slave with third parties, acquired whatever the slave earned. This action was competent to the third party against the dominus to claim what was owed to him by the slave to the extent oi the benefit acquired by the dominus. The Romans had a much more general action called the 'Condictio Sine Causa' which operated as a subsidiary action against instances of Unjustified Enrichments not covered by the other special remedies falling under the general heading of 'Condictiones'. On this basis it has been suggested that a more appropriate name to this institute would be that of its closest counterpart under Roman Law.