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LAW OF OBLIGATIONS
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remove anything he had added to it, provided that it is possible to do so
without damaging it.
Article 81 sets forth that there is no right to restitution with respect to
anything given which produces an unlawful or immoral outcome. In case
an action is brought, the judge may decide on restitution for the benefit
of the state.
Time Limits
As per Article 82 of the TCO, a claim for unjust enrichment becomes
time-barred two years after the date on which the injured party learned of
his claim and in any event ten years after the date on which the claim first
arose. However, if the unjust enrichment is arising from a claim against
the injured party, the injured party may refuse to satisfy the claim.
Conclusion
Unjust enrichment under Articles 75-82 of the TCO is regulated as a
third source of obligation along with agreements and torts. Anyone who
is enriched unjustly from someone else’s property or service is obliged
to restitute this enrichment. The scope of the restitution arising from
unjust enrichment and the expense claims vary based on whether or not
the enriched person acted in goodwill or in bad faith. A claim for unjust
enrichment becomes time-barred two years after the date on which the
injured party learned of his claim and in any event ten years after the date
on which the claim first arose.