Obligation, Action for unjustified enrichment, subsidiarity prescribed by art. 2042 of the Italian Civil Code, Civil Cassation, Third Section, Interlocutory Ordinance no. 5222 dated 02/20/2023
Residuality - Concept - Absence of actions deriving from the contract or provided for by law - Consequence - Admissibility of the request for enrichment in the event of an action hypothetically available on the basis of general clauses. With regard to the action of unjustified enrichment, the Third Civil Section referred to the First President, for possible assignment to the United Sections, the question concerning the interpretation of the subsidiarity rule prescribed by art. 2042 of the civil code and, in particular, about the correctness of the jurisprudential orientation that identifies this assumption of the action pursuant to art. 2041...
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