The doctrine of unjustified enrichment : a reappraisal after Act VIII of 2007 in the light of recent jurisprudence

Abstract

This research project shall endeavor to analyze the Maltese legal situation as regarding the actio de in rem verso and the. In view of the recent codification of the subject in Malta, a proper investigation of this institute is necessary and opportune to analyze the effects brought about by the amendments made by act VII of 2007. The first section shall introduce the reader to the action discussing a brief history of the action and its applicability and highlighting certain differences from other actions which at face value may seem identical. The following sections shall deal with the constitutive elements of the action: the enrichment, the damage and the link of causality between the two, the unjust factor of the action and the subsidiarity of the action. These analyses shall be supported by reference to recent judgments with comparisons drawn to other judgments decided prior to the introduction of sections 1028A and 1028B in the Maltese civil code by Act VIII of 2007. Although the concept is not a new one in Maltese law, there is much left to be desired. Therefore, an overview of both continental and common legal literature and jurisprudence shall be undertaken in order to elicit similarities and differences between the applicability of the action between the Maltese legal system and these foreign legal systems. This comparison shall direct us to the ultimate aim of this research project, to determine whether there was need for this codification.