Acquisition of an overpayment in good faith

If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith. Good faith is assumed, when the employee repeatedly asked her employer whether the remuneration is correct. The employee could rely on the correctness of the payroll, because she was assured that the payment was accurate. [OGH 27.04.2016, 8 ObA 9/16f]