PROC 200 Lecture 18: PROC 200-001 Week 12
Document Summary
Looks like restitution and prestation, but it is not! Non-k obligations: civil liability, chpt iii (1457) (delict, other sources, chpt iv (quasi-k, management of the business of another (1482 ss, receipt of a payment undue (1491, 1492, unjust enrichment (1493, law alone, e. g. obligations of support (585) Debtor prestation creditor: non-k obligations under chpt iv still include these elements, voluntary and licit (this diff from civil liability, but not agreement with another (hence not ks) Conditions for unjustified enrichment art 1494: enrichment (if still exists on day of demand, correlation btwn enrichment and impoverishment, absence of justification (a reason for the transfer of value) Impoverishment: very complex, absence of any other recourse (implicit in point 4) Must not fall under the following: act justified by performance of another obligation, natural, k, legal. Must not fall under the following: act justified by performance of another obligation, natural, k, legal, act performed with consistent (constant) liberal intention.
