Disgorgement of profits a matter of civil liability or unjust enrichment?

Abstract

A significant controversy arises regarding the dogmatic classification of disgorgement of profits. While it may appear that the matter has already been settled, it becomes evident that this long-neglected topic has gained increasing relevance in recent legal discussions, due to its considerable practical impact. Some scholars argue that it concerns an issue of civil liability, whereas others maintain that it falls within the domain of unjust enrichment. Determining which view is more appropriate is the central question of this study. To address it, we will draw on the analysis of the sources of obligations, which will serve as a guide for the proper classification of this legal concept that has challenged many contemporary legal scholars.