In Slovenian
legal order, the general rules of
civil law regulating unjust en- richment have been applied since 1983 for the
reimbursement of receivables from the Pension
and Disability Insurance
Institute concerning overpayments from related insurance. It is a relatively simple legal solution,
which in practice, however, causes ample
ambiguity and complications due to the unclear demar- cation between administrative and civil law. The author discusses
the question of the
circumstances in which the insured, as the recipient of such overpay- ments, would be successful in the case of a reparation claim of the Institute by referring either to the basic
principle of enrichment law volenti non
fit iniuria or by using the objection of disenrichment. Based on a detailed
review of the case law of both the Court of Justice of the European
Union and the European Court of Human Rights, the issue of the consequences of insufficient diligence of the Institute as a public law
body in exercising its administrative powers is also addressed.
Keywords: law of obligations,
administrative law, damages, unjust enrichment, unjust enrichment claim,
enrichment, impoverishment, pension, disenrichment.