Unjust Enrichment

Abstract

Unjust Enrichment is recognized as one of the sources of obligations in civil law. It is founded on the principle of justice, which requires that no person should be enriched at the expense of another without a lawful justification. Accordingly, whenever a person obtains a benefit or an increase in his or her patrimony, resulting in a corresponding loss to another person without a legitimate legal basis, an obligation arises to restore the enrichment or compensate for it. For a claim of unjust enrichment to succeed, four essential elements must be established: the enrichment of one party, the impoverishment of another, a causal link between the enrichment and the impoverishment, and the absence of a legal ground justifying the enrichment. Once these elements are satisfied, the impoverished party may bring an action for unjust enrichment to recover the value of the benefit unjustly obtained and to restore equity between the parties. The Iraqi Civil Code provides for several applications of this doctrine, including payment made without legal obligation (payment of the undue), discharge of another person's debt, use of another person's property without authorization, and the employment of a minor without the consent of his or her legal guardian, among other situations. These rules are intended to protect rights and prevent individuals from benefiting from another person's property or services without a valid legal basis. Therefore, the doctrine of unjust enrichment serves as an important legal mechanism for achieving justice, preventing unjustified gains, and restoring balance between the patrimonies of individuals.