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A new decision coming from Cour de cassation (Chambre mixte, May 12, 2000= case CRAM Nord Picardie ) are recently appear on the French Law of unjustified enrichment:

The heir of the restitution debtor, owes the repetition. He results from the combination of articles 724 (hereditary sasine) and 1376 (payment without cause) of the French Civil Code that it falls to the holder of the account on which the funds were mistakenly versed, and after its death to its succession, to restore them.

This judgement is justified have regard to the fact, that the deceased woman (and their heirs) who received the paid sums on the common account with her predeceased husband had wrongfully enriched at the expense of the solvens (Public Organism), because the true recipient of the sums was her husband and, therefore, the accomplished payment by the Organism was without cause.

(See about this problem Ch. FILIOS, L'enrichissement sans cause en droit privé français. Analyse interne et vues comparatives, Foreword Prof. J.-J. Taisne, Bruylant-Sakkoulas, Brussels-Athens, 1999, No 284, p. 257 s.).

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