Unjust Enrichment In Cession Of Putative Claim

As for unjust enrichment in cession of putative claim,judgment in Germany courts are respectively made in consideration of many factors including bona fide,imputation,etc.Some typical cases are taking shape.It's necessary to specify the key value of the concept ‘Leistung' in unjust enrichment,in avoidance of doctrinarism.In the cession of putative claim cases,there are two ways to figur out,whether the assigner is entitled to ask cessionary for claim on restitution.One is declaring who executed performance and whom is the receiver of the performance.The performer shall be the one who gives his property with cause,and the cause varies in cases.The existence and the content of the performer's cause shall be determined not only with reference to the actual motivation of the performance but also the perspective of the receiver.In order to clarify who did ‘Leistung'(performance)with cause,multiple perspectives to explain the ‘Zweckbestimmung'is extremely advised.Meanwhile,an unrelated third-party shall not interfere the contract of the involved parties by determining the cause of the performance without taking his motivation into account.The other one is to clarify,whether the debtor has the right to defense the assignee of the putative claim with the reason,that the claim is void and he is not obliged to liquidate the claim.If the debtor is not aware that the claim is void,nevertheless,the assignee shall not be allowed to defense him.