Îmbogățirea fără o justă cauză – repere doctrinare și jurisprudențiale
Unjust enrichment – doctrinal and jurisprudential landmarks

Summary/Abstract: The regulation of unjust enrichment in the current Civil Code represents a pertinent demonstration of the creative role that doctrine and jurisprudence have had over time in the complex process of creating the rule of law. The recognition of this legitimate legal fact, distinct from business management and unpaid payment, was closely related to the consecration of the principle of equity as a theoretical-philosophical foundation for those unjust legal situations characterized by the enrichment of one person’s patrimony, simultaneously with the impoverishment of another person’s patrimony, without establishing a legal link between them. Restoring the patrimonial balance, in the spirit of commutative justice, represents the main objective of the birth of an obligatory relationship through the fact of enrichment, aiming to eliminate the unfair situation in which a person obtains an economic advantage, without a just basis, at the expense or damage of another. The object of our research, in the present study, is the presentation of the specific conditions of the lawful legal fact of unjust enrichment, from the perspective of its theoretical foundation on the principle of equity. The study was structured with regard to the following topics: legal regulation and definition, theoretical foundation, material conditions and legal conditions, the effects of the lawful fact and the admissibility conditions of the in rem verso action. In developing the interpretation of legal texts, we presented jurisprudential solutions that we selected so that they were suggestive in arguing the conditions of admissibility of an in rem verso action.

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