Two differences between the chilean and french approaches to unjustified enrichment?

This paper reviews the position of Chilean case law and legal scholarship regarding unjustified enrichment. It identifies two ways in which recent case law and legal scholarship depart from their traditional position based on French law and explores some of the issues these developments could raise. It argues that the provisions on unjustified enrichment recently introduced to the French Civil Code may help dealing with the challenges imposed by an institution which has traditionally received little attention in Chilean law.