| Popis jednotky: | The paper deals with the issue of unjust enrichment. It maps out cases of the use of a special action of unjust enrichment (condictio ob turpem vel iniustam causam). It deals in particular with the factual circumstances and the situation in which Roman lawyers provided this condition and inferred from these situations the more general principles aplicable even in the modern law. The basic prerequisite for the use of this condictio ob turpis causam was the violation of fides, the trust among the people – that is why the condemnation is not only a thief who has to pay for not to commit the theft or to reveal where he hid the prey but also against (Dig 12, 5, 4, 3), the case of Ulpian’s famous case, in which the plaintiff seeks, by means of this action, to pay back what he has paid for a prostitute. This famous case has become the basis of an extensive discussion of the essence of the condictio ob turpis causam both in “Pandekt” law and in Austrian law and in the legal science of Czechoslovakia. This paper maps out the opinions of J. Sedláček and V. Kubeš on this issue and evaluates the impact of this case also on the latest legal regulation under the new Civil Code (§ 2991 (2) of the Czech Civil Code 2012). |
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