The elements of enrichment without reason and the obligation to compensate as an effect of its achievement.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Enrichment without reason or useful work, as it is called according to the provisions and rules of civil law, whether in Egypt or some Arab countries, is considered a source of obligation. The rule of enrichment without reason is one of the oldest rules of law, as long as it is directly related to the rules of justice and natural law, but the jurisprudence goes that it is considered the first source of commitment in historical terms This has known ancient laws enrichment without reason has been known by Roman law, but it did not appear only in the late Republican era despite the circulation of successive generations of the idea of inadmissibility of enrichment without reason at the expense of others without legal basis, It is stated that jurisprudence has decided this circulation as a repetition of general rules, in the sense that there is no stand-alone legal system for it, which Roman law has not known in any of its eras. The Egyptian Civil Code has allocated articles from {179 to 197}, unlike Islamic jurisprudence, which is a narrow door of its doors, so its application does not appear when our Muslim jurists except in the case of payment of the undue. Enrichment without reason is based on the elements that must be available in order to be considered a source of obligation, and when this is proven, the person who enriched at the expense of others has an obligation to compensate, and the obligation to compensate in enrichment without reason is subject to special rules, as it must be within the limits of the lowest values of lack or enrichment.

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