Question

Marie and John were involved in a business partnership. They agreed that Marie would contribute capital while John would contribute his expertise in managing the business. However, after the partnership had been operating for several years, Marie discovered that John had been siphoning off profits from the business for his personal use. Marie believes that this constitutes unjust enrichment and wants to pursue legal action to recover the amount John has taken.

Using the provisions on unjust enrichment under the Civil Code (Articles 22-23 and 2142-2143), analyze whether Marie's claim for unjust enrichment is valid. Explain the elements that need to be proven and the possible defenses that John may raise. Discuss the remedies available to Marie if her claim for unjust enrichment is successful.