Unjust enrichment
A non-contractual obligation to return a benefit received without a valid legal basis, at another person’s expense.
Unjust enrichment in Swiss law requires that one person has been enriched, another impoverished, and the enrichment lacks a sufficient legal ground. Typical cases include payments made in error, performance under an invalid contract, or benefits retained after the basis for them has failed. The claim aims to reverse the enrichment, not to punish wrongdoing or compensate all loss. Defences may arise where the recipient no longer has the benefit in good faith or where special restitution rules apply.