Atributos do enriquecimento injustificado restituível sentido e alcance das noções de realidade, patrimonialidade e certeza do enriquecimento sem causa

Abstract

The central scope of the present study is to investigate the attributes that make up the enrichment as a positive requirement of the general clause of the duty of restitution contained in article 884 of the Civil Code. For this, it begins with an analysis of the modalities and species that are usually considered in matters of unjust enrichment. Following is a review of the traditional formulation that departs from the said real enrichment of the said patrimonial enrichment. It is proposed, based on a preliminary conceptual precision, the recognition that both reality and patrimoniality are attributes of refundable enrichment. Finally, some possible questions are raised about the certainty or probability of enrichment, based on the comparison with the discipline of loss of profit in the scope of civil liability. The study adopts the logical-deductive method, based on bibliographic and jurisprudential research regarding Brazilian law.