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Litigation & Dispute Resolution

The Action of Unjustified Enrichment

The action of unjustified enrichment, also known as the actio de in rem verso, dates back to Roman Law and despite the fact that it was formally included in the Maltese Civil Code in 2007 by means of Article 1028A, it has always been accepted by the Maltese Courts. The notions of equity and fairness serve as the foundation of this action. One should be compensated for the benefit gained by an individual without a just cause to the detriment of the former. Owing to its quasi-contract nature, the obligation does not arise from a contract and therefore, in line…
Klara Cachia
22nd September 2022