Îmbogăţire fără justă cauză. Răspundere contractuală. Prejudiciu. Prescripţia dreptului material la acţiune

Unjust enrichment. Contractual liability. Damage. Prescription of the material right to enforce

Abstract

Although the plaintiff based their action on unjust enrichment, considering that the claim derives from a contract, in accordance with the provisions of art 2524 of the Civil Code incidents in the application of art. 6 para. (4) of the Civil Code, the prescription runs from the date on which the obligation becomes due and the debtor had to execute it.

Therefore, it is unequivocal that, on the date of termination of the rental contract, namely November 2, 2015, the respondent's obligation became enforceable and the debtor had to perform it, and thus from this date the limitation period for the right to action begins to run. The incidence of the interruption of the statute of limitations cannot be considered in the conditions in which the provisions of art 2539 para. 2 of the Civil...