Restitution

Article 2.302 (ex art. 5.302) - Breach of Confidentiality 143
If confidential information is given by one party in the course of negotiations, the other party is under a duty not to disclose that information or use it for its own purposes whether or not a contract is subsequently concluded. The remedy for breach of this duty may include compensation for loss suffered and restitution of the benefit received by the other party. 144

§ 158 Relief Including Restitution

§ 158 Relief Including Restitution
§ 158 Relief Including Restitution
(1) In any case governed by the rules stated in this Chapter, either party may have a claim for relief including restitution under the rules stated in §§ 240 and 376.
(2) In any case governed by the rules stated in this Chapter, if those rules together with the rules stated in Chapter 16 will not avoid injustice, the court may grant relief on such terms as justice requires including protection of the parties' reliance interests.
[Chapter 6 – Mistake]
§ 197 Restitution Generally Unavailable
§ 197 Restitution Generally Unavailable
§ 197 Restitution Generally Unavailable
Except as stated in §§ 198 and 199, a party has no claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy unless denial of restitution would cause disproportionate forfeiture.
§ 198 Restitution in Favor of Party Who Is Excusably Ignorant or Is Not Equally in the Wrong
§ 198 Restitution in Favor of Party Who Is Excusably Ignorant or Is Not Equally in the Wrong
§ 198 Restitution in Favor of Party Who Is Excusably Ignorant or Is Not Equally in the Wrong
A party has a claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy if
(a) he was excusably ignorant of the facts or of legislation of a minor character, in the absence of which the promise would be enforceable, or
(b) he was not equally in the wrong with the promisor.
§ 199 Restitution Where Party Withdraws or Situation Is Contrary to Public Interest
§ 199 Restitution Where Party Withdraws or Situation Is Contrary to Public Interest
§ 199 Restitution Where Party Withdraws or Situation Is Contrary to Public Interest
A party has a claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy if he did not engage in serious misconduct and
(a) he withdraws from the transaction before the improper purpose has been achieved, or
(b) allowance of the claim would put an end to a continuing situation that is contrary to the public interest.
§ 272 Relief Including Restitution
§ 272 Relief Including Restitution
§ 272 Relief Including Restitution
§ 272 Relief Including Restitution
(1) In any case governed by the rules stated in this Chapter, either party may have a claim for relief including restitution under the rules stated In §§ 240 and 377.
(2) In any case governed by the rules stated in this Chapter, if those rules together with the rules stated in Chapter 16 will not avoid injustice, the court may grant relief on such terms as justice requires including protection of the parties' reliance interests.
[Chapter 11 – Impracticability of Performance and Frustration of Purpose]
Topic 4 – Restitution
§ 370 Requirement That Benefit Be Conferred
A party is entitled to restitution under the rules stated in this Restatement only to the extent that he has conferred a benefit on the other party by way of part performance or reliance.
§ 371 Measure of Restitution Interest
If a sum of money is awarded to protect a party's restitution interest, it may as justice requires be measured by either
(a) the reasonable value to the other party of what he received in terms of what it would have cost him to obtain it from a person in the claimant's position, or
(b) the extent to which the other party's property has been increased in value or his other interests advanced.
§ 372 Specific Restitution
(1) Specific restitution will be granted to a party who is entitled to restitution, except that:
(a) specific restitution based on a breach by the other party under the rule stated in § 373 may be refused in the discretion of the court if it would unduly interfere with the certainty of title to land or otherwise cause injustice, and
(b) specific restitution in favor of the party in breach under the rule stated in § 374 will not be granted.
(2) A decree of specific restitution may be made conditional on return of or compensation for anything that the party claiming restitution has received.
(3) If specific restitution, with or without a sum of money, will be substantially as effective as restitution in money in putting the party claiming restitution in the position he was in before rendering any performance, the other party can discharge his duty by tendering such restitution before suit is brought and keeping his tender good.
§ 373 Restitution When Other Party Is in Breach
(1) Subject to the rule stated in Subsection (2), on a breach by non-performance that gives rise to a claim for damages for total breach or on a repudiation, the injured party is entitled to restitution for any benefit that he has conferred on the other party by way of part performance or reliance.
(2) The injured party has no right to restitution if he has performed all of his duties under the contract and no performance by the other party remains due other than payment of a definite sum of money for that performance.
§ 374 Restitution in Favor of Party in Breach
(1) Subject to the rule stated in Subsection (2), if a party justifiably refuses to perform on the ground that his remaining duties of performance have been discharged by the other party's breach, the party in breach is entitled to restitution for any benefit that he has conferred by way of part performance or reliance in excess of the loss that he has caused by his own breach.
(2) To the extent that, under the manifested assent of the parties, a party's performance is to be retained in the case of breach, that party is not entitled to restitution if the value of the performance as liquidated damages is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss.
§ 375 Restitution When Contract Is Within Statute of Frauds A party who would otherwise have a claim in restitution under a contract is not barred from restitution for the reason that the contract is unenforceable by him because of the Statute of Frauds unless the Statute provides otherwise or its purpose would be frustrated by allowing restitution.
§ 376 Restitution When Contract Is Voidable
§ 376 Restitution When Contract Is Voidable
A party who has avoided a contract on the ground of lack of capacity, mistake, misrepresentation, duress, undue influence or abuse of a fiduciary relation is entitled to restitution for any benefit that he has conferred on the other party by way of part performance or reliance.
§ 377 Restitution in Cases of Impracticability, Frustration, Non-Occurrence Of Condition or Disclaimer by Beneficiary
A party whose duty of performance does not arise or is discharged as a result of impracticability of performance, frustration of purpose, non-occurrence of a condition or disclaimer by a beneficiary is entitled to restitution for any benefit that he has conferred on the other party by way of part performance or reliance.
CHAPTER 60. OBLIGATIONS DUE TO UNJUST ENRICHMENT
Article 1102. The Obligation to Return Unjust Enrichment
1. A person who has acquired or saved property (purchaser) without the grounds, established by the law, other legal acts or the transaction, at the expense of another person (victim) shall be obliged to return to the latter the property acquired or saved unjustly (unjust enrichment), except for the cases, provided for by Article 1109 of this Code.
2. The rules, provided for by this Chapter, shall be applicable regardless of the fact whether unjust enrichment resulted from the behaviour of the purchaser of property, the victim himself, third persons or took place regardless of their will.
Article 1103. The Correlation of Claims for the Return of Unjust Enrichment With Other Claims for the Protection of Civil Rights
Inasmuch as the contrary is not established by this Code, other laws or other legal acts and does not follow from the essence of corresponding relations, the rules, envisaged by this Chapter, shall be applied to the following claims:
1) for the return of the executed in an invalid transaction;
2) for the reclamation of property by its owner from the illegal possession of other people;
3) of one party in the obligation to the other party for the return of the executed in connection with this circumstance;
4) for the redress of injury, including that inflicted by the dishonest behaviour of the enriched person.
Article 1104. The Return of Unjust Enrichment in Kind
1. Assets comprising the unjust enrichment of the purchaser shall be returned to the victim in kind.
2. The purchaser shall be liable to the victim for any fortuitous shortage or deterioration of the groundlessly acquired or saved property, which have taken place after he knew or should have known about unjust enrichment. Until this time he shall be answerable for intent or gross negligence.
Article 1105. Compensation for the Value of Unjust Enrichment
1. If it is impossible to return the groundlessly acquired or saved property in kind, the purchaser shall compensate to the victim for the actual value of this property at the time of its acquisition, and also for the losses, caused by the subsequent change in the value of property, if the purchaser has not reimbursed its value at once after he has known about unjust enrichment.
2. A person who groundlessly used the property of other people for the time being without his intention to acquire it or used the services of other people shall recompense to the victim all that he has saved owing to such use at the price existing at the time when this use ended and in the place where the use took place.
Article 1106. The Consequences of the Groundless Transfer of the Right to Another Person
A person who has transferred claims by way of cession or the right belonging to him in other way to another person on the basis of a non-existent or invalid obligation shall have the right to demand the restoration of the former position, including the return to him of the documents certifying the transferred right.
Article 1107. The Reimbursement of Non-received Income to the Victim
1. A person who has received or saved property ungroundlessly shall be obliged to return to the victim or to reimburse all his incomes which he derived or should have derived from this property since the time when he knew or should have known about unjust enrichment.
2. Interest for the use of pecuriary means of other people (Article 395) shall be subject to addition for the sum of unjust pecuniary enrichment since the time when the purchaser knew or should have known about the groundless receipt or saving of monetary means.
Article 1108. The Reimbursement of Expenses on Property Subject to Return
In case of the return of the property groundlessly received or saved (Article 1104) or in case of the reimbursement of its value (Article 1105) the purchaser shall have the right to demand that the victim should compensate for the necessary expenses on the maintenance and upkeep of property since the time from which he is bound to receive income (Article 1106) with the offset of the received benefits. The right to compensation shall be lost in case when the purchaser deliberately retained property subject to return.
Article 1109. Unjust Enrichment Not Subject to Return
The following property shall not be subject to return as unjust enrichment:
1) property transferred for the execution of the obligation before the onset of the time for execution, unless the obligation provides for otherwise; 
2) property transferred for the execution of the obligation upon the expiry of the period of limitation;
3) wages and salaries and payment equated therewith, pensions, benefits, scholarships, the redress of injury inflicted on human life or health, alimony and other pecuniary sums given to an individual as means of subsistence in the absence of dishonesty on his part and of calculation error;
4) pecuniary sums and other property given for the execution of a non-existent obligation, if the purchaser proves that the person who demands the return of property knew about the absence of the obligation or granted property for charity purposes.