La sussidiarietà nell’azione di indebito arricchimento

By examining the intervention of the Sezioni Unite of the Italian Supreme Court on the subject of unjust enrichment, the paper reviews the rationales identified as underlying the subsidiarity in the related legal action and emphasizes how even the most theoretically antithetical ones must lead to an in-fact analysis of the subsidiarity. Finally, it proposes the replacement of the current subsidiarity-principle with a possible subsidiarity-rule, achieved through the introduction of prescriptive limits to the admissibility of the unjust enrichment action.