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Book 2 · Law of obligations  ›  Title 26 · Unjust enrichment › Section 816

Disposition by an unauthorised person

(1) If an unauthorised person disposes over an object and the disposition is effective in relation to the authorised person, then they are obliged to surrender to the authorised person the benefit obtained by the disposition. If the disposition is gratuitous, then the same duty applies to a person who as a result of the disposition directly gains a legal advantage.

(2) If performance is rendered to an unauthorised person that is effective in relation to the authorised person, then the unauthorised person is under a duty to surrender the performance.

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