{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1701","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Loss of Enrichment","number":"1701","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1701/","hierarchy":{"book":"BOOK V - OBLIGATIONS","title":"TITLE II - NON-CONTRACTUAL OBLIGATIONS","chapter":"Chapter 2. - Unjust Enrichment","section":"Section 1. - General Provisions","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"Restitution is not due, to the extent to which the defendant can show that he is no longer enriched at the time of the claim for restitution.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1701/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":478,"url":"https://eriatlas.com/sources/civil-code-2015/page/478/?article=1701&paragraph=p1#article-1701-p1"}]},{"id":"p2","number":"2","text":"Restitution is nevertheless due where the defendant has parted with the enrichment in bad faith or where, at the time of parting with it, he should have been aware that he was bound to make restitution.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1701/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":479,"url":"https://eriatlas.com/sources/civil-code-2015/page/479/?article=1701&paragraph=p2#article-1701-p2"}]},{"id":"p3","number":"3","text":"Where the unjust enrichment has been transferred gratuitously to a third person, the claim for restitution may be brought against the latter.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1701/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":479,"url":"https://eriatlas.com/sources/civil-code-2015/page/479/?article=1701&paragraph=p3#article-1701-p3"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}