Analiza prevederilor Noului Cod Civil privind îmbogăţirea fără justă cauză
Analysis of the New Civil Code provisions on the unjust enrichment

Summary/Abstract: The unjust enrichment is an unlawful legal act (in the sense of action) which was the subject of many controversies over time. The regulation of this unlawful act by the new civil provisions represents an innovative element, whereas the old rules of civil substantive law did not provide it, verbis expresis, with any legal text, even if this institution has always existed in Roman law. However, in the old rules of civil substantive law, there were several articles which referred to the situations where a person was enlarging his/her patrimony at the expense of another person (for example, art. 493, 494, 997 etc. of the old Civil Code). Equally, no other modern civil legislation allocates express provisions to this institution, as happened in the Romanian legal area until the entry into force of the new Civil Code. For example, the current French civil legislation does not state any rule under which the person who grew rich unjustly, at the expense of another person, is obliged to pay compensation. Regarding these issues, this study aims, on the one hand, at providing a theoretical presentation on this legal act, and, on the other hand, at revealing its importance in the current system of substantive law.

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