Actio de in rem verso or unjust enrichment in the colombian legal system [Actio de in rem verso ou ação de enriquecimento sem justa causa na orden jurídica colombiana] [Actio de in rem verso o acción de enriquecimiento sin justa causa en el orden jurídico colombiano]

Abstract

This paper aims to explain the legal institution of unjust enrichment —which has evolved since the Roman law to avoid the illegitimate enrichment of one party to the detriment of another— based on an analysis of the jurisprudence of the Council of State. By means of a description of the factual assumptions and a critical analysis of the regulatory basis that supports the proposed ruling, we aim to explain the structure of the actio de in rem verso in order to illustrate how judicial decisions play a decisive role in the construction or affectation of a legal system adjusted to the basic constitutional premises of material justice, legitimate expectations, and public morality. To achieve this goal, the present work has made use of a qualitative method, with a descriptive approach to jurisprudence and theoretical references derived from the legal doctrine that facilitate the understanding of said institution within the constitutionalized legal system. © 2023, Universidad de Antioquia. All rights reserved.