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.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 1701
Loss of Enrichment · Preserved transcription; page attribution imported from the source collection. Verify against the original.
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.
Where the unjust enrichment has been transferred gratuitously to a third person, the claim for restitution may be brought against the latter.