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Art. 38

Unjust enrichment

(1) Claims of unjust enrichment arising out of rendered performance are governed by the law that governs the underlying legal relationship to which the performance is related.

(2) Claims of unjust enrichment arising out of an infringement to a protected interest are governed by the law of the State, where the infringement occurred.

(3) In other cases claims of unjust enrichment are governed by the law of the State, in which the enrichment took place.

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