TO THE QUESTION OF LEGAL NATURE OF UNJUST ENRICHMERNT OBLIGATION’S OBJECT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
This article analyzes the issue devoted to the disclosure of the legal nature of condiction obligation’s object. In particular there are analyzed the objects of civil rights that could be considered as wrongly acquired (saved) property under the provisions of civil law. This refers to the objects of civil rights such as things, securities, money, property rights, information, works and services. It is concluded that in view of the legal nature of the condiction obligation unjust enrichment can be considered all objects of civil rights unless property rights and services and information. A special attention is given to the coverage of assets that are not considered to be condiction obligation’s object and therefore cannot be returned as unjust enrichment. Enshrined in Article 1215 of the Civil Code of Ukraine list of reasons when the property cannot be returned as unjust enrichment is not exhaustive. This codified act provide for other cases where the property under certain conditions will not be considered unreasonably acquired (saved) property. Thus non-refundable property transferred as the obligation before the period of its execution, unless otherwise provided by contract; property transferred as the obligation after the expiry of the limitation period; monies and other property transferred pursuant to a nonexistent obligation if the purchaser can prove that the person requires the return of the property knew about the lack of commitment. Therefore there is drawn a conclusion about the need to amend the said Article of the Civil Code of Ukraine on the extension of the list of property that is not considered unreasonably acquired (saved) to avoiding double interpretation and unequal application of the condiction obligation’s provisions in practice.
Authors and Affiliations
О. М. Слободян
Keywords
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