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Civil Law

Explanation of Article 145

Explanation of Article 145

This article addresses the general rule regarding undue payment. It stipulates that anyone who receives something as payment that is not rightfully theirs must return it. There is no obligation to return if the person making the payment knows they are paying something not due, unless they are lacking legal capacity or were coerced into making the payment. The article clarifies that this obligation is based on the principle of unjust enrichment.

Related To

Article 145

  1. Any person who receives an undue amount as repayment shall return such amount.

  2. A person who paid an undue amount shall not be entitled to recover such amount if he was aware that it was undue, unless said person was partially incompetent or made such payment under duress.