Unjust Enrichment Must Be Restituted

Definition

Restitution of unjust enrichment is one of the principles of civil law that aims to ensure justice in property relations. Unjust enrichment refers to a situation in which someone gains wealth or other economic benefit without legal justification at the expense of another: the loss of one is matched by the gain of the other. This may happen due to mistake, nullity of contract or any other cause which renders the benefit unjust.

Finnish law does not have any general rules on the restitution of unjust enrichment. However, several decrees in public and private law concern the restitution of unjust enrichment and identify the principles governing it. A general principle has emerged from legislation and case law that unjustified transfers of assets must be rectified.