The institute of unjustified (unfair) enrichment in theory and judicial arbitration practice

Abstract

Purpose: to trace the patterns of development of the institute of unjust enrichment from the point of view of the emerging judicial and arbitration practice and the influence of the principle of good faith on it.
Objectives: to determine the degree of development of the institution of unjust enrichment and a promising direction for the development of its norms; to see the problem of modern judicial practice in cases of unjust enrichment in connection with the application of the rules of limitation to it; highlight the essential idea that is the basis for the existence and application of the rules on unjust enrichment; give a scientific assessment of the works of domestic civil lawyers who are developing the problem of unjust enrichment; turning to foreign civil law science, to see the significance and role that it assigns to the moral foundations of the institute of unjust enrichment, to propose a civil law mechanism for protecting the victim in connection with the receipt of benefits by another person without reciprocal satisfaction, but in the presence of a formal legal basis.
Results: the concept of developing the norms of the institution of unjust enrichment and the practice of their judicial application from the standpoint of the principle of good faith was developed.
Conclusions: it is proved that the institution of unjust enrichment in civil law is one of the most complex, controversial and least developed in civil law theory; the analysis of judicial and arbitration practice showed that the courts are mainly focused on the formal legal application of the norms of the institute of unjust enrichment, and in some cases the court decisions themselves act as the basis for obtaining unjustified benefits by the defendant; it is shown that modern Russian civil law is not so active in developing the problem of the role of moral grounds in regulating relations arising from unjust enrichment; it is argued that the main idea of ​​the institution of unjust enrichment is the idea of ​​justice, which should be taken into account by both the legislator and the courts in law enforcement processes; taking into account the possibility of enrichment of the subjects of civil law relations in the presence of a formal legal basis, the author supports the idea of ​​introducing an additional claim, which will be based on the protection of the moral principle of justice in property relations.