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Explanation of Article 144

Explanation of Article 144

This article addresses the general rule of unjust enrichment. It stipulates that any person—even if lacking legal capacity—who enriches themselves without a legitimate reason at the expense of another person, is obliged to compensate that person for the loss incurred, to the extent of the enrichment. This obligation remains even if the enrichment ceases later. The article clarifies the elements of this obligation: the enrichment of one person, the impoverishment of another, the existence of a connection between the enrichment and the impoverishment, and the absence of a legitimate reason for the enrichment. It also states that the amount of compensation is determined by the lesser of the enrichment or the impoverishment.

Article 144

Any person, even if non-discerning, who is enriched without a legitimate cause at the expense of another person shall, to the extent of his enrichment, be liable to compensate the other person for the loss he sustains. Such liability shall subsist even if the enrichment ceases afterwards.