Institute of unjust enrichment within the framework of the Russian legal system and foreign experience

the scientific article compares the institute of unjust enrichment in Russia and foreign countries. The purpose of the article is to study the institute of unjust enrichment in Russian law and foreign experience. The peculiarities of the institute of unjust enrichment in foreign countries are that the legislator orients society towards maintaining moral principles, the importance of conscientious behavior. The priority is not the external material benefits of each, but the internal, spiritual needs of a person. Such an analysis allows us to identify the shortcomings of the Russian system and develop the main directions that will contribute to the improvement of the norms of this institute. The signs of unjust enrichment specified in the civil legislation of the Russian Federation do not allow us to distinguish it from other legal relations. This circumstance entails difficulties in distinguishing civil liability from other types of liability. The analysis carried out allows us to formulate a working concept of unjust enrichment in the modern legal space, taking into account the importance of indicating the type of property right on which the property is located with the acquirer.

legislation, unjust enrichment, collection, acquirer, beneficiary, foreign experience, bad faith, morality, property rights, property damage, obligations due to unjust enrichment