Connection between restitution derived from contractual nullity and unjust enrichment

Abstract

Being the unjust enrichment, a legal figure not expressly regulated in the Spanish Civil Code, it is appropriate to make a study on its applicability, especially considering the numerous banking law cases, which place the consumer in a position of vulnerability and of impoverishment in front of the banks. Although the article 1.303 of the Spanish Civil Code is a remedy to mitigate the effects of contractual nullity, it is no less true that its application, not always, has succeeded in repairing the economic damage caused and it is in that area where the unjust enrichments is located. Judgments such as that of the Supreme Court of May 9, 2013, comes to highlight the need to provide the action of unjust enrichment with greater autonomy –leaving subsidiarity– and the urgency of establishing a specific regulation in the Spanish Law.