Ongerechtvaardigde verrijking

Unjust enrichment, as governed by Article 6:212 BW, arises where a person is enriched without a valid legal basis and at the expense of another. The impoverished party may then claim restitution or damages, provided the statutory requirements are met.

This remedy is relevant in that it prevents a party from deriving an unreasonable benefit from another’s detriment. It serves as a residual remedy alongside claims in contract and tort.

In practice, unjust enrichment is frequently invoked in cases of payments not due, erroneous contractual settlements or situations in which a performance has been rendered without an agreement.