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Book 2 · Law of obligations  ›  Title 26 · Unjust enrichment › Section 818

Scope of the claim to enrichment

(1) The duty to surrender extends to emoluments taken as well as to whatever the recipient acquires by reason of a right acquired or as compensation for destruction, damage or deprivation of the object obtained.

(2) If surrender is not possible due to the nature of the benefit obtained, or if the recipient is incapable for another reason of surrendering the benefit obtained, then the recipient is to provide compensation for value.

(3) The obligation to surrender the benefit obtained or to reimburse the value is excluded to the extent that the recipient is no longer enriched.

(4) From the time onwards at which the action is pending, the recipient is liable under the general provisions of law.

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