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Business Law | Unjust Enrichment Home Legal Framework Prerequisite Case 1 Case 2BGB Title 26
Unjustified
Enrichment
Presented by Dorian Valdayo & Mette Munk Mewe
,Business Law | Unjust Enrichment Home Legal Framework Prerequisite Case 1 Case 2
Section 812
Claim for restitution
(1) A person who obtains something as a result of the
performance of another person or otherwise at his
expense without legal grounds for doing so is under
a duty to make restitution to him. This duty also
exists if the legal grounds later lapse or if the result
intended to be achieved by those efforts in
accordance with the contents of the legal transaction
does not occur.
BGB, 2013, p. 197
, Business Law | Unjust Enrichment Home Legal Framework Prerequisite Case 1 Case 2
Section 812
Claim for restitution
Performance Conditions
Condictio Indebiti (§ 812 I 1 Var. 1 BGB)
(1) A person who obtains something as a result of the Obtaining something:
performance of another person or otherwise at his Ø Any asset benefit (objective as well as
non-objective)
expense without legal grounds for doing so is under
a duty to make restitution to him. This duty also
exists if the legal grounds later lapse or if the result
intended to be achieved by those efforts in
accordance with the contents of the legal transaction
does not occur.
BGB, 2013, p. 197
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