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The Development of Enrichment Liability 31 [Steph.: ex bono et aequo], and the condictio [Steph.: ex bono et aequo furtiva].It will appear that Stephanus was already of the opinion that all these actions were governed by one general and equitable principle of law, namely that nobody should be unjustifiably enriched.
The law of obligations in the French Civil Code was consciously modelled on the teachings of Pothier, who only recognised undue payment and management of another s affairs as specific remedies for unjust enrichment and no general enrichment action.
One such interpretation, not yet described in the literature, may be found in the teachings of the Digest by the Byzantine jurist Stephanus.
11 In his interpretation of fragments in the Digest, he attributes a significant role to the notion of equity.
Still, a general principle, namely that no one should be enriched at the expense of another, was already formulated in two texts of Pomponius, dating from the era of classical law.
7 But until the sixth century, the forensic meaning of these texts was never of great importance.