Unjustified enrichment according to the Bulgarian law of obligations

According to Article 52 of the Bulgarian law of obligations and contracts, a person is obliged to return whenever that person has obtained something without legal basis or if the legal basis did not occur or has ceased later on. What has been performed regarding moral obligations may not be claimed back.

Return

  • If a specific item is to be returned the recipient owes its yields as well at the time of the request.
  • If the item that is to be returned vanishes after the request or if the recipient affected the item or used it up, knowing that he owns it without legal basis or, if the revenues he obtained from the item were higher, he is obligated to pay compensation. If the item has vanished, has been affected or used up before the time of the request, the recipient only has to compensate what he availed excluding the yields.
  • Article 58 of the law provides that if a person unable to act owes the return, it comprises any benefit derived. Excluding the cases named above, each person that obtained something from someone without legal basis must pay the enrichment until the state of impoverishment. This right is justified if no other claim to defend the impoverished person is present.

Repayment of another person’s obligation

If a person pays another person’s obligation by mistake, he has the right to claim it back from the creditor unless the latter one renounced the document or repayment of the obligation in good faith. In the latter case, the person that paid the obligation receives the creditor’s rights.