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- Title
ACŢIUNEA ÎNTEMEIATĂ PE ÎMBOGĂŢIREA FĂRĂ JUSTĂ CAUZA vs ACŢIUNEA ÎN RĂSPUNDERE CIVILĂ. STUDIU DE CAZ.
- Authors
SCAFEȘ, Răzvan
- Abstract
Article 1165 Civil Code places unjust enrichment among the sources of the civil obligations, distinct from contracts or illegal legal acts, and art. 1345 C. civ. expressly regulates the restitution obligation of those who have been unjustly enriched at the expense of another. The analysis of the application of this institution must therefore start from the lack of a contractual basis for the amounts claimed, the legitimate legal fact being a basis of extra-contractual liability distinct from the basis of tortious civil liability. Also, the incident of the existence of a possible case of fault in the execution of a legal obligation, therefore of the civil offense, must be analyzed in order to also rule out the tortious liability.
- Subjects
UNJUST enrichment; OBEDIENCE (Law); CIVIL code; CIVIL liability; LEGAL liability
- Publication
Review of Juridical Sciences / Revista de Științe Juridice, 2022, Vol 40/41, Issue 1/2, p39
- ISSN
1454-3699
- Publication type
Article