Abstract
In 2009 Directive 2007/64/EC of the European Parliament and of the Council of November 13, 2007 on payment services in the internal market was implemented into the German civil law. The article deals with theoretical and practical problems of the recovery of money paid by mistake based on the principles of unjust enrichment according to the German law with regard to the new regulation. Тhe German Civil Codex (BGB) distinguishes between “performance” and “non-performance” conditions. By presenting basic arguments the author shows that this is of crucial importance for the concept of the recovery of money paid by mistake under the principles of unjustified enrichment. Due to the new regulation the Federal Court of Justice (Bundesgerichtshof) in Germany has recently changed its legal opinion. The article compares the legal position before and after the implementation of the directive on payment services into the German law and its impact on the German legal concept of the recovery of money paid by mistake under the principles of unjust enrichment.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Journal of Foreign Legislation and Comparative Law
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
