xiv. unjust enrichment Flashcards
unjustified enrichment
= a transfer of assets has taken place without a justifying legal cause, so that the asset has been transferred to someone who has no right in the asset.
CONDICTIO SINE CAUSA
- umbrella term for all conditions arising from unjustified enrichment
- in narrower sense: restitution of an asset that was acquired through abstract conveyance (MNACIPACIO, IN IURE CESSIO) that is not based on a valid causa.
CONDICTIO INDEBITI
= serves to undo the transfer of assets resulting from a performance of an obligation mistakenly believed to be owing.
- making performance
- of an obligation not owing
- mistakenly
conditions for bringing a CONDICTIO INDEBITI
- obligor had permanent objection
- performance made before a suspensive condition was satisfied
- ward makes a performance without consent of guardian
- a performance made to a natural obligation cannot be reclaimed!
- making performance before due time cannot be reclaimed!
recipient accepts performance knowing it was not owed
if recipient knows the obligation which the other performs is not doing but still accepts it is committing FURTUM and can be sued by ACTIO FURTI and CONDICTIO FURTIVA
CONDICTIO OB REM
= aims at the restitution of a performance that has been made with a view towards obtaining a counter-performance that has not been made in an absence of an enforceable contract
other names for CONDICTIO OB REM
- CONDICTIO OB CAUSAM DATORUM
- CONDICTIO CAUSA DATA CAUSA NON SECUTA
CONDICTIO OB CAUSAM FINITAM
= where a legal cause initially came into being but later has ceased to exist
CONDITIO OB TURPEM (VEL INIUSTAM) CAUSAM
= aims at the restitution of a performance made with a view towards an immoral (TURPIS CAUSA) or a legally prohibited (INIUSTA CAUSA) end.
IN PARI TURPITUDINE MELIOR EST CAUSA POSSIDENTIS
if the immorality or lawfulness extends to the person making performance, in cases of equally reprehensible conduct the party in possession is in a better position
→ eg. bribing an IUDEX
CONDICTIO FURTIVAFUR SEMPER IN MORA EST
‘thief is always in default’
DELEGATIO
= ordering to pay something to a third party (DELEGAITO OBLIGANDI) → three-way relationship
- delegator: issuer of order
- delegatee / drawee: recipient of order
- obligee: beneficiary of the order
delegator-delegatee: cover relationship
delegator-obligee: underlying debt relationship
delegatee-obligee: performance relationship
active delegation
If A is B’s creditor and orders B to promise to C what he owes to A. C assumes A’s role as B’s creditor and acquires A’s claim in the same condition.
→ novation resulting in the change of creditor
passive delegation
A is in C1s debt and orders B to promise to C that which A owes to C.
→ novation resulting in the change of debtor
cover relation (A-B) is defective
B’s performance to A has been reversed → B may bring a condiction against A for the sum he has paid to C.
underlying debt relation (A-C) is defective
A’s performance to C has been reversed → A may bring a condition against C for the amount which C has received from B.
both underlying debt and cover relations are defective
B may bring a conviction for restitution of his payment directly against C.
if defendant has already disposed of the thing
- if he knew he owed restitution, he has to make one of the estimated value
- if he was in good faith, he is freed from his obligation to restitute
→ but! if debtor acquired ownership of a substitute commodum (eg. purchase price) ha has to give this up to claimant - if it is destroyed, he is liable if it was because of fault or negligence or if he was already in debtor’s delay
