Abstract

DA GUIA SILVA, RODRIGO. A Proposal for the Qualification of Enrichment due to Interference under Brazilian Private Law: Revising the Boundaries Between Civil Liability and Unjustified Enrichment. Rev. Derecho Privado [online]. 2021, n.40, pp.311-327.  Epub Feb 08, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n40.11.

This study aims to develop a proposal for dogmatic qualification of enrichment due to interference, in Brazilian Private Law, based on the delimitation of the boundaries between civil liability and the prohibition of unjustified enrichment. The methodological premise is the functional analysis of the obligations and of the respective general legal regimes of obligations. The paper indicates some reasons for the insufficiency of the attempted confrontation of the enrichment due to interference from the discipline of civil liability. Finally, the study formulates the proposal for qualification of enrichment due to interference as a modality of unjustified enrichment.

Keywords : enrichment due to interference; unjustified enrichment; civil liability; sources of obligations.

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