L’enrichissement injustifié: The Reform of 10 February 2016 in a Historical and Comparative Perspective
3 Tribonien (2019), Forthcoming
27 Pages Posted: 10 Sep 2019
Date Written: July 1, 2019
This article explores the reform of the French law of unjustified enrichment that was effected through a government decree in 2016. It analyses the provisions of both “circles” of enrichment law - recovery of undue payment and unjustified enrichment strictly so called - in their historical and comparative context, both in terms of the conditions of liability and the measure of restitutionary liability.
Keywords: Unjust enrichment, unjustified enrichment, enrichissement sans cause, enrichissement injustifié, Ordonnance du 10 février 2016, French law, paiement de l’indu, undue payment, condictio indebiti
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