João Costa-Neto*
Abstract: Brazil’s current Civil Code is going through a legislative overhaul. As concerns unjustified enrichment, a comparative review of notably German and the common law reveals three of the reform’s shortcomings: (a) it failed to develop or propose a Brazilian taxonomy on unjustified enrichment law (and to comprehend and elaborate on its rationale); (b) it neglected to determine the measure of restitution in cases of unjustified enrichment by infringement of another’s right (reasonable fee or disgorgement of profits?); and (c) it proposed a redundant and implausible dies a quo (commencement date) for interest rates in cases of unjustified enrichment. While the Brazilian Civil Code should undergo comprehensive reform on unjustified enrichment law, the current proposals are heading in the wrong direction. Just as Brazilian legislators should seize the opportunity to correct old mistakes, they should avoid rushing into making several new ones.
(2024) Oxford U Comparative L Forum 3 at ouclf.law.ox.ac.uk | How to cite this article