1099
=U3= Sec812 -- Section 812 Claim for restitution
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=S=> BGB 812. 1 A person who obtains something as a result of the performance of another person or otherwise at his expense without legal grounds for doing so is under a duty to make restitution to him . This duty also exists if the legal grounds later lapse or if the result intended to be achieved by those efforts in accordance with the contents of the legal transaction does not occur .
=S=> BGB 812. 2 Performance also includes the acknowledgement of the existence or non-existence of an obligation .
=U3= Sec813 -- Section 813 Performance notwithstanding defence
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=S=> BGB 813. 1 Restitution of performance rendered to perform an obligation may also be demanded if the claim was subject to a defence by means of which assertion of the claim has been permanently excluded . The provisions of section 214 ( 2 ) are unaffected .
=S=> BGB 813. 2 If an obligation due on a specific date is performed early , then the claim for return is excluded and reimbursement of interim interest may not be demanded .
=U3= Sec814 -- Section 814 Knowledge that debt is not owed
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=S=> BGB 814 Restitution of performance rendered for the purpose of performing an obligation may not be demanded if the person who rendered the performance knew that he was not obliged to do so or if the performance complied with a moral duty or consideration of decency .
=U3= Sec815 -- Section 815 Non-occurrence of result
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=S=> BGB 815 A claim for return for the non-occurrence of a result intended by an act of performance is excluded if the occurrence of the result was impossible from the outset and the person who rendered the performance prevented the result from occurring in bad faith .
=U3= Sec816 -- Section 816 Disposition by an unauthorised person
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=S=> BGB 816. 1 If an unauthorised person disposes of an object and the decision is effective against the authorised person , then he is obliged to make restitution to the authorised person of what he gains by the disposal . 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 .
=S=> BGB 816. 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 make restitution of the performance .
=U3= Sec817 -- Section 817 Breach of law or public policy
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=S=> BGB 817 If the purpose of performance was determined in such a way that that the receiver , in accepting it , was violating a statutory prohibition or public policy , then the receiver is obliged to make restitution . A claim for return is excluded if the person who rendered performance was likewise guilty of such a breach , unless the performance consisted in entering into an obligation ; restitution may not be demanded of any performance rendered in fulfilment of such an obligation .
=U3= Sec818 -- Section 818 Scope of the claim to enrichment
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=S=> BGB 818. 1 The duty to make restitution extends to emoluments taken as well as to whatever the receiver acquires by reason of a right acquired or in compensation for destruction , damage or deprivation of the object obtained .
=S=> BGB 818. 2 If restitution is not possible due to the quality of the benefit obtained , or if the receiver is for another reason unable to make restitution , then he must compensate for its value .
=S=> BGB 818. 3 The liability to undertake restitution or to reimburse the value is excluded to the extent that the receiver is no longer enriched .
=S=> BGB 818. 4 From the time when the action is pending onwards , the receiver is liable under the general provisions of law .
=U3= Sec819 -- Section 819 Increased liability in case of knowledge and breaches of law or public policy
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=S=> BGB 819. 1 If the receiver , at the time of receipt , knows of the defect in the legal basis or if he learns of it later , then he is obliged to make restitution from the moment of receipt or of obtaining knowledge of the defect to make restitution as if the claim for restitution had been pending from this time on .
=S=> BGB 819. 2 If the receiver , in accepting the performance , violates a statutory prohibition or public policy , then he is likewise under the same obligation from receipt of payment onwards .
=U3= Sec820 -- Section 820 Increased liability where the result is uncertain
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=S=> BGB 820. 1 If the performance was intended to produce a result whose occurrence , according to the contents of the legal transaction , was regarded as uncertain , then , if the result does not occur , the receiver is under a duty of restitution in the same way as if the claim for restitution had been pending at the time of receipt . The same applies if the performance has been rendered for a legal reason which according to the contents of the legal transaction was regarded as likely to lapse and the legal reason ceases to exist .
=S=> BGB 820. 2 The receiver must only pay interest from the time when he learns that the result has not occurred or that the legal reason has ceased to exist ; he is not obliged to make restitution of emoluments to the extent that he is no longer enriched at this time .
=U3= Sec821 -- Section 821 Enrichment defence
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=S=> BGB 821 A person who enters into an obligation without legal grounds to do so may also refuse fulfilment if the claim to release from the obligation is statute-barred .
=U3= Sec822 -- Section 822 Restitution duty of third parties
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=S=> BGB 822 If the receiver bestows the gains on a third person at no charge , then that third person is obliged to make restitution as if he had received the disposition from the creditor without legal grounds , to the extent that as a result of the bestowal the duty of the receiver to make restitution of the enrichment is excluded .
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