The Supreme Court stated that a demand for unjust enrichment can only be accepted when a different action, based on a contract, law or general clauses, is lacking from the origin.  The enrichment demand, on the contrary, cannot be examined if the alternative action is rejected because of the time lapsed or because of a lack of proof.

Cass. Civ., Sez. Unite, 05 dicembre 2023 n. 33954