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.
An obligation is conditional when it depends on a future and uncertain event. The condition is suspensive when its fulfilment renders the obligation pure and simple. It is resolutory when its fulfilment results in the annihilation of the obligation.
The condition must be lawful. Failing this, the obligation is void.
An obligation contracted under a condition whose performance depends solely on the will of the debtor is null. This nullity cannot be invoked where the obligation was performed with full knowledge of the facts.
A suspensive condition is deemed to have been fulfilled if the party who had an interest in it prevented its fulfilment. A resolutory condition is deemed to have failed if its fulfilment was caused by the party who had an interest in it.
A party is free to waive the condition stipulated in its exclusive interest, as long as it has not been fulfilled or has not failed.
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75001, Paris France
RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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