(Non)reimbursement of Overpayments to the Pension and Disability Insurance Institute

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.