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Title IV Undue Enrichment

Page: 61

Section: 414 - 419

Section 414.- If restitution is impossible on account of the nature of the property received or for any other reason, and the person, who received the property, was in good faith, such person is bound only to return such part of his enrichment as still exists at the time when restitution is demanded.

If a person, who received the property, was in bad faith, he is bound to pay the full value of the property.


Section 415.- A person, who has received the property in good faith, acquires the fruits thereon as long as the good faith continues.

In case where he has to return such thing, he is deemed to be in bad faith from the time when restitution is demanded.


Section 416.- Expenses, which were necessary for the preservation of the property or for its maintenance or repair, must be reimbursed in full to the person who returns such property.

However such person cannot claim reimbursement of the ordinary expenses for maintenance, repairs or charges made within the time during which he has acquired the fruits.


Section 417.- For the expenses other than those provided in paragraph 1 of the foregoing Section the person, who returns the property, can claim reimbursement only if they were made while he was in good faith and if the value of the property is increased by such expenses at the time of restitution, and only to the extent of such increase.

The provisions of Section 415 paragraph 2 shall be applied correspondingly.


Section 418.- If the person, who has in bad faith unduly received a property, has made alterations in, or additions to it, he must return the property after having put it in its former condition at his own expense, unless the owner of the property chooses to have it returned in its present condition, in such case the owner must pay at his option either the cost of the alterations or additions, or a sum representing the increased value of the property.

When restitution is to be made, if it is impossible to put it in its former condition or the property would be damaged thereby, the person, who received the property, must return it in such condition as it is and he is not entitled to compensation for any increase of value accruing to the property form such alterations or additions.


Section 419.- No action on account of undue enrichment can be entered later than one year from the time when the injured party became aware of his right to restitution or later than ten years from the time when the right accrued.