Original scientific paper

Enrichment as the Requirement for Unjustified Enrichment

Petar Miladin ; Faculty of Law, University of Zagreb, Zagreb, Croatia
Hrvoje Markovinović orcid.org/0000-0002-5376-3461 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

Condictio indebiti, condictio causa data causa non secuta, condictio ob causam finitam, condictio ob turpem vel iniustam causam and finally, condictio sine causa, are typical condiction claims that traditionally simplify the legal institute of unjustified enrichment and make it accessible primarily to legal practitioners. A different classification is presented by the authors – condictions are divided into so-called performance condictions and non-performance condictions. The performance condictions are characterized by the fact that the enrichment is caused by the performance which the creditor himself had provided to the debtor. On the other hand, the non-performance condictions are either caused by an intrusion into another person's (creditor's) legal sphere, or are a consequence of an event that neither the debtor nor the creditor is responsible for. The classification into performance and non-performance condictions more clearly indicates the function each of these categories has within the legal system. Requirements for a claim on the basis of unjustified enrichment are also systematized and different manifestations of unjustified enrichment are presented.

Keywords

unjustified enrichment; condictio; enrichment without cause; performance condiction; non-performance condiction

Hrčak ID:

195555

URI

https://hrcak.srce.hr/195555

Publication date:

1.3.2018.

Article data in other languages: croatian

Visits: 5.173 *