THE ACTION OF ENRICHMENT WITHOUT CAUSE AND THE PROBLEM OF ITS GUARDIANSHIP

Abstract

The action of enrichment without cause has a poor treatment and its application in reality has led to its importance and autonomy is reduced at the theoretical, regulatory and jurisprudential levels, since the normative provision that receives it, contains an effect of guardianship similar to another source of obligations that evidently affects its limitation.

This work shows the lightness with which the action of unjust enrichment has been addressed in our country, putting into debate the application of the indemnification protection provided for such action in front of the one indicated for extracontractual civil liability, addressing dogmatic aspects of enrichment without cause that show their importance and autonomy, as well as background and normative proposal that denote the legislative inconsistency in which our Civil Code of 1984 has fallen.