unjustified acquisition;
the unjustified saving of property by one person at the expense of another.
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If property comes into the possession of one person (the acquirer) in the absence of legal grounds or a concluded agreement to the detriment of the interests of another person (the victim), then it must be returned to the owner.
Unjust enrichment is also compensated in the following cases:
the funds were received upon execution of the cancelled contract;
the property was illegally transferred into someone else's ownership;
funds were received from one party to another as a result of the fulfillment of an obligation;
damage was caused, including as a result of the bad faith actions of the purchaser (Article 1103 of the Civil Code of the Russian Federation).
First of all, the person who received the property through unjust enrichment must return it to the victim in its original form. If such property was damaged or lost, then its actual value on the date of receipt is subject to compensation, taking into account the financial losses caused by a further change in the value of the property, if compensation was not made immediately after the new owner was informed of the fact of unjust enrichment.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Frequently asked questions about non-contractual obligations
According to the Civil Code of the Russian Federation, non-contractual obligations follow not from an agreement, but from the fact of action or inaction of the parties. They have distinctive features that are not inherent in contractual obligations. This should be taken into account when interacting with partners if you do not want to undermine your business reputation.
How is judicial protection of rights in non-contractual obligations carried out?
Judicial protection is carried out in the following order:
And a statement of claim. You have the right to apply to the court with a statement of claim, noting that your rights have been violated and it is necessary to ensure their protection. In such a document, you should confirm the violation of rights and insist on the application of measures to protect them.
Trial. After receiving the claim, the court begins to hear the case. This process involves lawyers reviewing the evidence presented by both parties and making a decision based on the information available.
Court decision. The trial ends with the announcement of the court decision, which may be appealed to higher-level judicial bodies. The court may apply various measures to protect rights, including collecting damages, revoking a license for a certain type of activity, and restoring violated rights.
How is extra-judicial protection of rights in non-contractual obligations carried out?
Extrajudicial protection can take various forms:
Negotiations and mediation. To resolve a conflict out of court, its participants may resort to negotiations or mediation. Such methods allow for the protection of violated rights without bringing the case to court.
Administrative measures. In certain situations, the protection of violated rights is carried out by an administrative body. Thus, in the event of a violation of consumer rights, you can send a complaint to the authorized consumer protection service.
Alternative dispute resolution. Sometimes the parties manage to reach an agreement that the dispute will be resolved by alternative means, which may include arbitration and the application of international rules.
Keep in mind that depending on the current situation, it is necessary to choose judicial or extrajudicial protection, taking into account various aspects: how much time and money you will have to spend, how much work, whether it is possible to resolve the dispute in alternative ways.
How to sort out civil cases?
A necessary condition for the consideration of a civil case is the filing of a statement of claim with the judicial body, where the essence of the conflict is described in detail and the corresponding claims are presented. In addition, the plaintiff must present any evidence that he has. This includes documents, records and other grounds.
Unjust enrichment refers to two situations:
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