Specific Features of Obligations Arising From Unjust Enrichment
Year: 2026
Type: article
Abstract: The article analyses the specific features of obligations arising from unjust enrichment. The three main features characterising unjust enrichment in civil law doctrine are covered: a person's obtaining of a property benefit, the fact that this benefit arises at the expense of another person, and the absence of a sufficient legal ground for such a property change. The features distinguishing condictional obligations from delictual obligations and from relations arising from acting in another person's interests without mandate are substantiated, including the fact that the fault of the enriched person is not required for the obligation of return to arise. On the basis of Articles 1023–1026 and 1028 of the Civil Code of the Republic of Uzbekistan, the normative legal foundations of unjust enrichment relations, the priority of returning property in kind, and the issues of taking into account the income derived from the property and the necessary expenses for its preservation are examined. The author concludes that the independent legal nature of this institution manifests itself in its restorative function, which is implemented through condictional claims.
Institution: Karakalpak State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7224350033