EL DESCONOCIMIENTO DEL BENEFICIARIO DEL ENRIQUECIMIENTO SIN CAUSA COMO PRESUPUESTO DE INEXISTENCIA DEL MISMO.

Abstract

There is no unjust enrichment when the groundless change in ownership occurs with the full desire of the person losing ownership and without the acceptance or even the knowledge of the recipient. In order for unjust enrichment to take place, three requirements must always be met: the enrichment of one person through an increase of or without any reduction of ownership; the correlative impoverishment of the other party through a loss of or damage to ownership; and above all the non-existence of any cause to justify the change of ownership to the enriched party. This latter is not the case when there is a legal relationship providing grounds for the change of ownership; thus, the action of enrichment is of a subsidiary nature.