Abstract

There is no unanimity of opinions both in literature and judicature as to whether a disposal of an undue benefit in favour of a third party (art. 470 of the Civil Code) exempts or not the disposer from liability (Art. 405 CC) if at the time of disposal they should reckon with the obligation to return it (Art. 409 CC). In the commented resolution the Supreme Court correctly – in the opinions of the author – responded to so formulated question in the negative and found that in such circumstances the disposer continues to be liable alongside the third party.