Analysis of judicial practice for the obligations arising

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Course work in discipline "Civil Law" on "Analysis of judicial practice for the obligations arising from unjust acquisition of property."

Additional information

1 Theoretical basis of obligations arising from unjust pur-Retenu savings or property
1.1 The concept of unjust enrichment
1.2 The conditions for liability of unjust enrichment
1.3 Contents of unjust enrichment
2 Litigation Samara region for the obligations arising from
unjust acquisition of property or savings
2.1 Purchase of property, or savings on the side of the acquirer
2.2 Reduction of the property on the side of the victim
2.3 lack of adequate legal basis to attack property consequences
2.4 Elimination of unjust enrichment
2.5 Disputes about property, not subject to return as unjust enrichment
List of references


The obligations of unjust enrichment is currently governed by the rules of Chapter. 60 of the Civil Code (Art. 1102 - 1109 of the Civil Code). Unjust enrichment is an old institution of civil law, used in ancient Rome to Sun-becoming the violated rights, if there is an illegal move different things, money or goods from one person to another, and if the transition was carried out without adequate grounds for this.
Modern Law of obligations as a result of unjust enrichment has undergone significant changes as compared to the previous legislation, in particular due to the greater detail rules on unjust enrichment.
Problems of legal regulation of relations connected with the unjust enrichment, are highly relevant due to certain socio-economic, historical, legal, scientific and legal factors.
Russia is entering the path of a market economy, and in these conditions the recovery Neos novatelnogo enrichment, along with other property protectively legal measures can be of great importance for the stabilization of economic turnover, the restoration of violated rights and legitimate interests of participants in civil law relationships.
The rules of the Civil Code of the Russian Federation on the obligations of unjust enrichment based on ideas formulated by the Roman private law, retain continuity with previous Russian legislation and legal provisions elaborated by the jurisprudence.
If we look at the legal side of the matter, remain relevant important issues such as the position of the institution on the conditions, contents and types of obligation from unjust enrichment. Of particular importance is the pro-problem of the scope of this institution, and hence - its relationship and interaction with other groups, the rules governing the use of civil law enforcement actions as a contract and tort liability, vindication, the consequences of invalidity of transactions.
The object of the course work: unjust acquisition or conservation of the haves-tion.
Subject: Obligations arising from unjust acquisition of property or savings.
The purpose of the course work is to analyze the jurisprudence of obliga-you, arising as the result of unjust acquisition or savings imuschest Islands in the Samara Region.
The object and purpose of the following tasks:
- Define the concept of unjust enrichment;
- Determine the conditions of the obligation arises from unjust enrichment-tion;
- To consider the content of the obligation of unjust enrichment;
- Analyze the jurisprudence of the Samara region for the obligations of WHO, Nick result of unjust acquisition of property or savings.
Theoretical and practical importance of this topic is that the institution of unjust enrichment is intended to interfere with the subjects of the rights of citizens-ray property or conservation of property without adequate to lawfully second base.


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