Key legal question
Whether Y. was unjustly enriched by the transfer and must restitute it under Art. 62 CO.
Extracted holding
The restitution claim failed because the appellate findings did not establish the cause of the transfer; the burden of proving the factual basis for unjust enrichment was not met.
Extracted reasoning
In a restitution claim based on a future or unfulfilled cause, the claimant must prove the payment and the purpose for which it was made. Here, the judgment did not establish what Y. was supposed to do with the money, so the allegedly non-realized cause was unproven.