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Lecture notes, cheat sheets
Civil law. A special part. Liabilities due to unjust enrichment (most important)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 21. LIABILITIES DUE TO FLUSH ENRICHMENT In accordance with paragraph 1 of Art. 1102 of the Civil Code, a person who, without grounds established by law, other legal acts or a transaction, has acquired or saved property (the acquirer) at the expense of another person (the victim), is obliged to return to the latter the unjustly acquired or saved property, except for the cases provided for in Art. 1109 GK. Obligations from unjust enrichment are traditionally called conditional (from Latin condictio - receiving). The subjects of such obligations are the acquirer (debtor) and the victim (creditor). They can be both citizens and legal entities. The grounds for the emergence of an obligation from unjust enrichment are the following circumstances: 1) one person acquires or saves property at the expense of another; 2) property is acquired or stored without the grounds provided for by law, other legal acts or the transaction. Acquisition of property in the case under consideration is a quantitative increment of property or an increase in its value without incurring the corresponding costs by the acquirer. Saving property means that a person should have spent his funds, but did not spend them either due to the expenses of another person, or as a result of non-payment of the due remuneration to another person. Unjustified acquisition or saving may result from actions and events. Actions leading to the unjustified acquisition (saving) of property are varied. They may be the actions of the victim himself (for example, the repeated fulfillment of the fulfilled obligation); actions of third parties (for example, erroneous issuance of a thing that was in storage, not to the bailor, but to another person), actions of the acquirer of property (for example, theft by him of other people's things, defined by generic characteristics). Actions that give rise to obligations out of unjust enrichment may or may not be lawful. In some cases, the grounds for the emergence of obligations from unjust enrichment may also be events (for example, the transfer of property belonging to the owner of a summer cottage to a neighbor's site as a result of a flood). For an obligation to arise from unjust enrichment, it is also necessary that the property was acquired or saved unjustly. An acquisition or saving that is not based on a law, other legal act or transaction is considered unjustified. The acquisition (saving) of property is recognized as unfounded if its legal basis has subsequently disappeared (for example, in connection with the reversal of the execution of an annulled or amended court decision, the recognition of a will as invalid). The unjust enrichment of one person at the expense of another, regardless of the form in which it occurred, creates between the acquirer and the victim an obligation to compensate the victim for property losses incurred by him. According to Art. 1104 of the Civil Code, property constituting unjust enrichment of the acquirer must be returned to the victim in kind. If it is impossible to return in kind the unjustly received or saved property, the acquirer must compensate the victim for the actual value of this property at the time of its acquisition, as well as for the losses caused by the subsequent change in the value of the property, if the acquirer did not compensate for its value immediately after he learned about the unjustified enrichment. A person who unjustifiably temporarily used someone else's property without the intention of acquiring it (for example, illegally used official property for personal purposes) or other people's services must compensate the victim for what he saved as a result of such use, at the price that existed at the time when the use ended, and in the place where it took place (Article 1105 of the Civil Code). The norms on unjust enrichment are applied only when the acquirer has things that are determined by generic characteristics. With regard to individually defined things, the rules on the recovery of property from someone else's illegal possession should be applied (Articles 301 - 303, 305 of the Civil Code). In such cases, not a conditional, but a vindication claim should be presented. In obligations from unjust enrichment, the acquirer also has the obligation to compensate the victim for lost income. Interest on the amount of unjust monetary enrichment is subject to accrual of interest for the use of other people's funds (Article 395 of the Civil Code) from the time when the acquirer found out or should have known about the unreasonableness of receiving or saving money (Article 1107 of the Civil Code). In accordance with Art. 1109 of the Civil Code are not subject to return as unjust enrichment: ▪ property transferred to fulfill an obligation before the due date, unless the obligation provides otherwise; ▪ property transferred to fulfill an obligation after the expiration of the limitation period; ▪ wages and payments equivalent to them, pensions, benefits, scholarships, compensation for harm caused to life or health, alimony and other sums of money provided to a citizen as a means of subsistence, in the absence of dishonesty on his part and an accounting error; ▪ sums of money and other property provided in fulfillment of a non-existent obligation, if the acquirer proves that the person demanding the return of the property knew about the absence of an obligation or provided the property for charitable purposes. Author: Ivakin V.N. << Back: Liabilities due to damage (Non-contractual obligations. Liability for harm caused by public authorities and their officials. Liability for harm caused by minors and incompetent citizens. Liability for harm caused by a source of increased danger. Liability for harm caused to the life or health of a citizen) >> Forward: Institute of Inheritance Law (General provisions on inheritance. Inheritance by will. Inheritance by law. Acquisition of inheritance)
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