Civil law. Part II. Responsibility of the parties to the obligation due to unjust enrichment (the most important)

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Civil law. Part II. Responsibility of the parties to the obligation due to unjust enrichment (the most important)

Lecture notes, cheat sheets

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109. LIABILITY OF PARTIES TO OBLIGATIONS FROM UNFAIR ENRICHMENT

Responsibility of the parties obligations from unjust enrichment in the Civil Code of the Russian Federation is presented in the form of obligations of the acquirer and the victim. In addition, in paragraph 2 of Art. 1104 of the Civil Code specifically refers to the liability of the acquirer, while the liability of the acquirer depends on the presence or absence of fault and the moment when the deterioration of the unjustly acquired or saved property occurred.

The acquirer is responsible to the victim for:

▪ shortcomings, including accidental shortages or deterioration of property that occurred after he learned of the unjustified enrichment, i.e.

regardless of his guilt;

▪ defects and deterioration of property that arose before the moment when the acquirer learned about the unjustified enrichment, he is responsible only for intent and gross negligence, i.e.

if you are at fault.

In the event of unjust enrichment, the acquirer must perform one or more of the following actions in different combinations:

▪ return property in kind;

▪ reimburse its cost;

▪ return or compensate for lost income. However, there are cases when the law exempts the acquirer from such an obligation.

Non-refundable as unjust enrichment (Article 1109 of the Civil Code):

a) property transferred in pursuance of an obligation before the due date for performance, unless the obligation provides otherwise;

b) property transferred in fulfillment of an obligation after the expiration of the limitation period;

c) wages and payments equivalent to it, pensions, allowances, scholarships, compensation for harm caused to life or health, alimony and other amounts of money provided to a citizen as a means of subsistence, in the absence of dishonesty on his part and a counting error;

d) amounts of money and other property provided in pursuance of a non-existent obligation, if the acquirer proves that the person demanding the return of the property knew about the absence of the obligation or provided the property for charity purposes.

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