LA OBLIGACIÓN DE RESTITUIR SURGE CUANDO SE RECIBE UNA COSA QUE NO HAY DERECHO A COBRAR Y QUE POR ERROR ES INDEBIDAMENTE ENTREGADA.

Abstract

Unjust enrichment holds, in our law, the standing of a general principle of law that is applicable as a subsidiary source, and also the standing of a legal institution that maintains that no-one should gain enrichment without cause or at the cost of another. This rule is longstanding in our country and, although it is true that unjust enrichment is not thoroughly regulated in a specific article of our civil code, its purport is addressed in a vast number of institutions contained in said legal body and in other laws.