unjustified enrichment
LexInter | August 19, 2004 | 0 Comments

UNJUSTIFIED ENRICHMENT

SECTION III UNJUSTIFIED ENRICHMENT

  1. Anyone who enriches himself at the expense of another must, up to the amount of his enrichment, compensate the latter for his correlative impoverishment if there is no justification for the enrichment or impoverishment.

1991, c. 64, a. 1493.

  1. There is justification for enrichment or impoverishment when it results from the performance of an obligation, from the failure by the impoverished person to exercise a right that he can or could have asserted. against the enriched or an act performed by the impoverished in his personal and exclusive interest or at his own risk or, again, with a constant liberal intention.

1991, c. 64, a. 1494.

  1. Compensation is due only if the enrichment subsists on the day of the request.

Both enrichment and impoverishment are assessed on the day of demand; however, if the circumstances indicate the bad faith of the enriched one, the enrichment can be appreciated at the time when he benefited from it.

1991, c. 64, a. 1495.

  1. When the enriched has disposed of free of charge what he has enriched himself with without intention of defrauding the impoverished, the latter’s action may be brought against the third beneficiary, if the latter was in a position to know the ‘impoverishment.

1991, c. 64, a. 1496.

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