JURISPRUDENȚĂ 1. Îmbogățire fără justă cauză. Concurs cu acțiunea ex contractu. Caracter subsidiar
I. JURISPRUDENCE 1. Unjust enrichment. Concurrence with ex contractu action. Subsidiary character

Summary/Abstract: In order to consider that an action of unjust enrichment is admissible, an ex contractu action must not be promoted, however, such an action is not only the positive action under which the performance of an agreement is requested, but also any agreement related action. Separate opinion: It may not be acceptable the thesis according to which the action of unjust enrichment is excluded whenever the parties had a contractual legal relationship, but the performance of the agreement exceeded the initial framework agreed upon.

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