L’enrichissement illégitime dans le CO 2020
The obligations arising from unjust enrichment constitute certainly one of the most complicated issues of the Code of Obligations. Case law and legal scholars have created several distinctions and categories supposed to help courts treat the disputes they have to decide. In fact, the result is a mosaic of solutions whose logic and coherence are not always the main quality. The salient improvement of the project lies in that the factual situations that lead to an unjust enrichment are treated in several different chapters and regulated by specific legal rules. On the basis of new categories that derive from case law, CO 2020 distinguishes the legal consequences of an unjust enrichment and those linked to a wrongfully gained profit or to the liquidation of a contract that is void or terminated. The disputed condition of “ impoverishment ” is still included in the unjust enrichment, but no longer in the context of a wrongfully gained profit, in accordance with the solutions advocated by…
