oa Fundamina : A Journal of Legal History - Continuidad histórica de la prohibición de enriquecimiento injustificado

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Many civil-law systems contain provisions relating to unjustified enrichment: as in the BGB, the Civil Code of the Netherlands, the Swiss Code of Obligations, the Austrian Civil Code, and the Italian Civil Code after 1942; as well as the Portuguese and Greek civil codes; some Latin-American codes such as the federal Mexican one, and the Cuban one of 1987. In the Spanish and French law, the provision is a jurisprudential creation (except that in Navarre there is specific regional legislation dealing with the issue). In Roman law, the abstract formula of the allowed a great variety of claims. I analyse a text of the Institutes of Gaius, 2,79 and D. 46,3,66, a complicated text of Pomponius that has given rise to diverse interpretations.

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