condictio indebiti

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
CONDICTIO INDEBITI, civil law. When the plaintiff has paid to the defendant 
by mistake what he was not bound to pay either in fact or in law, he may 
recover it back by an action called condictio indebiti. This action does not 
lie, 1. if the sum was due ex cequitate, or by a natural obligation; 2. if 
he who made the payment knew that nothing was due, for qui consulto dat quod 
non debetat, prcesumitur donare. Vide Quasi contract. 
    

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