Задължението за връщане на получено без основание от недееспособен
The obligation of incapable recipient to return undue performance

Art. 58 from the Law on Obligations and Contracts

Author(s): Krasimir Mitev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: unjustified enrichment; undue performance; minors; persons with limited capacity
Summary/Abstract: Article 58 from the Law on Obligations and Contracts (LOC) limits the obligation to restore benefits received without legal ground to the extent of actual enrichment of the recipient, when he or she is a minor or an adult, declared incapable to perform legal acts. According to the prevailing doctrinal opinion it suffices that the incapacity has existed in any time between performance and the claim for restitution. The author disagrees with this thesis and argues that Art. 58 LOC applies only to the recipient, who is minor (or incapable) at the time of the undue performance.

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