The action of unjustified enrichment as a mechanism for restitution of property

Abstract

The objective of this article is to examine the role that the general action of unjustified enrichment can assume to obtain the restitution of assets in our legal system. To this end, we study how and when the possession of other people’s assets constitutes unjustified enrichment and in which cases the enrichment action is operative, taking into account the rule of subsidiarity. Finally, the advantages of using the enrichment action in the restitution of property are evaluated.