Unjust Enrichment
Explanation
This section explains the concept of payment of what is not due in Lebanese law. If a person mistakenly believes that they are a debtor, and pays what they do not owe due to a legal or factual error [erreur de droit ou de fait], they have the right to demand that the person who gained the money return what was paid.
The law specifies certain cases in which the payer can recover what they paid. Recovery is permissible if the obligation [l'obligation] is subject to a suspensive condition [condition suspensive] unknown to the debtor and has not been fulfilled. Recovery is also permissible if the debtor possesses a conclusive defense that defeats the creditor's claim but was unaware of its existence, or if they believed themselves bound by a civil obligation while the obligation was only moral or natural.
Conversely, the law prohibits recovery in specific cases to protect the stability of transactions. A civil debt subject to a term [terme] that has not yet arrived cannot be recovered, even if the debtor believed it was due for performance. In this case, the debtor is not entitled to claim interest for the period between the payment and the maturity date.
Recovery is also prohibited if the obligation is natural or moral and the payer was aware of the true situation at the time of payment. Furthermore, recovery is not permissible if the payee was in good faith [bonne foi] at the time of payment, and consequently destroyed their title, relinquished the guarantees of their debt, or allowed the statute of limitations to run in favor of their true debtor.
Finally, the law establishes that the general rules governing unjust enrichment [enrichissement sans cause] generally apply to cases of payment of what is not due.
Official legal articles
Think deeper
Why does the law prohibit the recovery of what was paid if the payee was in good faith and had destroyed their title or lost their guarantees, and how does this provision protect the rights of the true creditor?
Flashcards
What is the basic condition for demanding the return of what was paid unduly?
The payer must mistakenly believe they are a debtor, paying what is not owed due to a legal or factual error (Article 143).
Is it permissible to recover a civil debt if it was paid before the arrival of the term under the belief that it was due?
There are no grounds for recovery, nor is there a right to claim interest for the period intervening between the payment and the maturity.
When is recovery prohibited in the event the obligation is natural or moral?
If the payer was at least aware of the true situation at the time of payment.
What happens to the right of recovery if the gainer was in good faith and destroyed their title after receiving the debt?
There are no grounds for recovery in this case.
Can recovery be made if the debtor paid a debt subject to a suspensive condition that had not been fulfilled and of which they were ignorant?
Yes, recovery is possible.
What is the ruling if the payer believed themselves bound by a civil obligation while the obligation was purely moral?
They can demand recovery.
What are the rules whose provisions apply to the payment of what is not due?
The rules established for unjust enrichment in general.
Practice questions
A person paid a sum of money believing they were legally bound, only to later discover that their obligation was purely moral. Do they have the right to recovery?
Recovery is allowed if the payer thought they owed a civil obligation, while it was purely moral or natural (Article 145).
A debtor paid a civil debt before the arrival of its term, believing it was due for performance. What do they have the right to do?
The law prohibits recovery in this case, and prohibits claiming interest for the period between payment and maturity (Article 144).
Which of the following cases prohibits the recovery of what was paid unduly?
Recovery is prohibited if the gainer was in good faith, and allowed the statute of limitations to run for their true debtor (Article 144).
What are the general rules that apply to the payment of what is not due?
The rules established for unjust enrichment generally apply to the payment of what is not due (Article 146).
A person paid a natural debt while being fully aware that they were not civilly bound to pay it. Can they recover what they paid?
There are no grounds for recovery if the obligation is natural, and the payer knew the true situation upon payment (Article 144).
Case problems
Samir owes Rami an amount due for payment in one year. Due to an error in his calculations, Samir believed the debt was due today and paid it to Rami. A week later, Samir discovered his error and demanded that Rami return the amount or at least pay interest for the remaining year. Does Samir have the right to do this?
Model answer
Samir has no right to recover the amount nor to claim interest.
Recovery is not permitted if the obligation is civil and subject to an unexpired term even if the debtor believed it was due (Article 144).
There is no right to claim interest for the period intervening between the payment and the maturity in this case.
Self-grading rubric
A creditor demanded an old debt from a person. This person paid the debt believing they were civilly bound by it. Later, the person discovered that the debt had lapsed by the statute of limitations and had become a natural obligation, and that they were not civilly bound to pay. Can they recover what they paid?
Model answer
Yes, they have the right to recovery.
Recovery is possible if the payer believed themselves bound by a civil obligation while it was natural (Article 145).
Since they paid under the belief of a civil obligation, they have the right to demand restitution.
Self-grading rubric
Kamal paid an amount to a company believing he was a guarantor for his brother. The company received the amount in good faith, and consequently destroyed the original debt title belonging to his brother. It later became apparent that Kamal was not a guarantor and that his signature had been forged without his knowledge. Kamal demanded that the company return the amount. Is the company obligated to return it?
Model answer
Kamal has no right to recover the amount from the company.
There are no grounds for recovery if the gainer was in good faith and destroyed their title (Article 144).
Since the company received the amount in good faith and destroyed the title, Kamal cannot recover it.