![]() It is derived from a particular case, i.e. Keywords: Insurance contract: amount paid without being owed: indemnity action before the court: actio de in rem verso: ex contractu action ACTIO DE IN REM VERSO CODEThe primary goal of the study consists of highlighting the aspects that the provisions of the 1864 Civil Code and those of the new Civil Code have in common or not in terms of the two types of actions before the court, the doctrine-related solutions given as concerns the characteristics and legal status of the two actions and the fact that, in the nex Civil Code as well, the separation line between the two actions is determined on the basis of jurisprudence, being leftat the judges' discretion and wisdom, with all related consequences thereof. the contract-based action (ex contractu) and the action based on an licit deed, that of unjust enrichment (actio de in rem verso). The purpose of this study is to re/focus on an old dichotomy, i.e. The study starts from an actual case the settling of which highlights the issue of determining the subsidiary nature, hence the acceptability of the unjust enrichment. Hence, the separation of the configuration and enforcement area of the two types of actions continues to be done in terms of jurisprudence by strictly relating to the case at hand. This situation is also maintained in the current Law No.287/2009 on the Civil Code. The doctrine has established the acceptability requirements of actio de in rem verso, however, it did not do the same for ex contractu, and there is no notable change to this matter after the Civil Code became effective. The provisions of the 1864 Civil Code do not contain definitions of ex contractu and actio de in rem verso. Does the insurer have, to this end, a cleared way towards unjust enrichment? For the purpose of recovering a paid amount within the insured sum, however, in addition to the owed amount, the insurer sues his client for claims. ![]()
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