THE PRINCIPLE OF UNJUST ENRICHMENT FROM THE EUROPEAN CODES TO THE EUROPEAN CIVIL CODE

Abstract

Despite a very long history and the unanimous recognition of solid moral grounds, the principle of unjust enrichment found its place in the legal systems only very late and its acceptance occurred after many hesitations and imposed many conditions for its application. This paper takes a comparative view at the way the principle of restitution (according to which the unjustified enrichment is not allowed) is reflected in three leading continental European legal systems (French, German and Swiss) and the possible role this principle will play in a future European Civil Code.

Keywords

• restitution
• codification
• Europe
• unjustified enrichment
• principles