Draft Common Frame of Reference:artikel VII.—6.101

Draft Common Frame of Reference

VII. — 6:101 Disenrichment

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

The enriched person is not liable to reverse the enrichment to the extent that the enriched person has sustained a disadvantage by disposing of the enrichment or otherwise (disenrichment), unless the enriched person would have been disenriched even if the enrichment had not been obtained.

(2)

However, a disenrichment is to be disregarded to the extent that:

(a)

the enriched person has obtained a substitute;

(b)

the enriched person was not in good faith at the time of disenrichment, unless:

(i)

the disadvantaged person would also have been disenriched even if the enrichment had been reversed; or

(ii)

the enriched person was in good faith at the time of enrichment, the disenrichment was sustained before performance of the obligation to reverse the enrichment was due and the disenrichment resulted from the realisation of a risk for which the enriched person is not to be regarded as responsible;

or

(c)

paragraph (3) of VII. — 5:102 (Non-transferable enrichment) applies.

(3)

Where the enriched person has a defence under this Article as against the disadvantaged person as a result of a disposal to a third person, any right of the disadvantaged person against that third person is unaffected.

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