Chapter III: Unjust enrichment

Apart from cases of business management and undue payment, a person who benefits from unjustified enrichment to the detriment of another owes, to the person who is impoverished thereby, compensation equal to the lesser of the two values of the enrichment and the impoverishment.

Enrichment is unjustified where it arises neither from the fulfilment of an obligation by the impoverished person nor from his liberal intention.

There is no right to compensation if the impoverishment arises from an act performed by the impoverished person with a view to personal gain. Compensation may be moderated by the judge if the impoverishment arises from a fault of the impoverished person.

The impoverished person has no action on this basis where another action is open to him or is barred by law, such as prescription.

The impoverishment ascertained on the day of the expenditure, and the enrichment as it remains on the day of the claim, are valued on the day of the judgment. In the event of bad faith on the part of the enriched party, the compensation due is equal to the higher of these two values.