indébito

Indébito is a term primarily used in legal and financial contexts, particularly within civil law systems, to describe something that is not owed or is due without a just cause. It can refer to a payment made by mistake or an obligation that lacks a legal foundation. The concept of indébito is often linked to the principle of unjust enrichment, where one party benefits at the expense of another without a legitimate legal reason.

In legal practice, a claim of indébito typically arises when a person has paid money or transferred property to another party under the mistaken belief that they were legally obligated to do so. If it is proven that no such obligation existed, the recipient of the payment or property may be required to return it to the payer. This is to prevent a party from retaining something they have received unjustly.

The legal action to recover something received indébito is often referred to as an action for the recovery of an undue payment or unjust enrichment. The specific procedures and requirements for such claims can vary depending on the jurisdiction's laws. Generally, the claimant must demonstrate that a payment was made, that it was not due, and that the recipient has been enriched as a result. The burden of proof often lies with the party seeking to recover the sum or property.