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Two new judgements coming from Courts of Appeal are recently appear on the French Law of unjustified enrichment:

1. One of the Court of Appeal of Nîmes (28 Jan. 1999) consider that unjustified enrichment created between two homosexual concubines finds her legal cause in «the will of two women to continue the common life» (decision which appears in the review "Semaine juridique, general edition, March 8 2000, No 10, IVe party, No 1432");

2. The other come from the Court of Appeal of Nancy, which have consider that «the downward which himself be occupied to its sick mother until its death» its not allowed to claim the unjustified enrichment by the inheritance of the de cujus, because the profit of the died mother has its legal cause in «the affection relationships which link the two person» (decision with appears in the review "Semaine juridique, general edition, February 16 2000, No 7-8, IVe party, No 1306).

The two judgements seem in contradiction with dominant jurisprudence coming from the Supreme Court (v. in particular Cour de cassation: civ. ch. 1, Oct. 15, 1996, Revue trimestielle de droit civil 1997, p. 102, note HAUSER; civ. ch. 1, July 12, 1994, Recueil Dalloz 1995, J, p. 623, note TCHENDJOU.

Dr. Christian P. FILIOS (Ph.D.)
Université de Lille II