Civil Code · English · 2015
Article 1701
Loss of Enrichment
(1)
Restitution is not due, to the extent to which the defendant can show that he is no longer enriched at the time of the claim for restitution.
#(2)
Restitution is nevertheless due where the defendant has parted with the enrichment in bad faith or where, at the time of parting with it, he should have been aware that he was bound to make restitution.
#(3)
Where the unjust enrichment has been transferred gratuitously to a third person, the claim for restitution may be brought against the latter.
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