Obligations arising from unjust enrichment are of particular interest from the point of view of ways and methods of restoring justice to the victim. Our new article will tell readers about how this issue is resolved in Russian legislation and judicial practice.
Unjust enrichment is an increase in the property and/or income of an individual or legal entity established by the court without sufficient grounds (unfounded) that occurred as a result of the actions (or inaction) of him or third parties.
That is, you cannot approach a person (or come to an organization) and say: “You have unjustly enriched yourself.” No, of course you can say that. However, these will be just words. The legal facts of unjust enrichment are confirmed only by the court.
The second important aspect is that unjust enrichment sometimes occurs regardless of the will or actions of the subjects. That is, due to the current circumstances.
Another important note is that the enrichment of an individual or legal entity may arise as a result of the actions of third parties. For example, the accounting department made a mistake and transferred to the employee a salary that was more than what was provided for in the contract and the salary schedule.
Well, and finally, Soviet legislation considered unjust enrichment to be an independent, separately applicable concept. The current Civil Code of the Russian Federation has moved away from this principle. He points out that this requirement may be present in cases of the return of everything performed under any invalid transaction, the recovery of property from someone else’s illegal possession or use, as well as compensation for damage caused to the owner by the enriched entity.
Now let's turn to practice and look at some examples.
What is unjust enrichment
Unjust enrichment is when a person received a benefit that was not due. The benefit must be returned, even if there was no malicious intent, it just happened that way. This is roughly what is said in Art. 1102 of the Civil Code of the Russian Federation.
In the language of the law, the person who receives the benefit is called the acquirer . At the expense of whom the benefit occurred - the victims . An entrepreneur can be on either side.
Here are real situations where unjust enrichment occurs, although it is not always obvious:
