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Explanation of Article 149

Explanation of Article 149

This article addresses the limits of liability in cases where the recipient of an undue payment lacks the capacity to contract. It stipulates that the individual is only liable to the extent of the enrichment, meaning to the extent of the benefit that has been legally recognized. This provision is an application of the general principle that a person with limited or no capacity is only obligated to return what they have benefited from.

Article 149

If the person who receives the undue payment lacks the legal capacity to conclude contracts, he shall be liable only to the extent of his enrichment.