Avoiding illicit enrichment outlawe as it reads in the artícle 1,901 CC. Application to the planned obsolescence issue

Authors

  • Francisco de la Torre Olid Profesor de Derecho Civil. Universidad Isabel I (España)

DOI:

https://doi.org/10.51302/ceflegal.2017.10587

Keywords:

business cause, unfair enrichment, planned obsolescence, digital contracting

Abstract

The number of litigious that take place nowadays, in the prosecution of multiple unfair enrichments, evince a reality we must not only think about but also go in depth in order to understand and promote both prevention and avoidance solutions; as much as, on the other hand, articulate sanctions in accordance with its economical dimension. With the aim of achieving these objectives is compulsory to deal with the underlying problem and take a step further in the development of aids and social subsidies, limited both in time and coverage, provided that, ad exemplum, it is not about postponing the suspension of an eviction but to review the validity of a finantial negotiation. The panoramic consideration that this project offers in first place, before allowing dispersion, serves to unify the legal basis and reasoning with the goal of instructing and preventing against the focal points of other unfair enrichments that are emerging and which must be dealt with. This way we warn about the planned obsolescence where there is proof of decaying of the most relevant legal institutions such as the legal business, weakening its essence because of the corrupt business will that is provoked, may it be because the unsuitability or the malfunction of the object and due to the frustration of the cause.

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Published

2017-11-10

How to Cite

de la Torre Olid, F. (2017). Avoiding illicit enrichment outlawe as it reads in the artícle 1,901 CC. Application to the planned obsolescence issue. CEFLegal. Revista práctica De Derecho, (202), 47–78. https://doi.org/10.51302/ceflegal.2017.10587

Issue

Section

Comentarios doctrinales y jurisprudenciales. Civil-mercantil