Unjust enrichment in terms of domestic and international private law


In the Bulgarian legislation is that which has received something without reason or in view of unfulfilled or dropped reason is obliged to return it, but anyone who has enriched without reason at the expense of another, due to his back that with which it was enriched to the extent of impoverishment. In art. 55, para. 1 LOC incorporated three actual composition. Where there are no elements of any of these three actual composition and when did lack a means of legal protection but is increased without reason property of one person at the expense of the property of another person impoverished has a claim under Art. 55, para. 1 LOC. Consciously performance of moral duty is grounds for the recipient of, so given not refundable. The courts examine in each case whether there has been a conscious performance of moral duty and if they find that circumstance should dispense with the responsibility. In theory it is assumed that the continental legal doctrine reaches relatively harmonized and uniform concept of unjust enrichment, rooted in Roman law by retsipirano understanding that if there is displacement of material goods, in which a person is enriched and another - impoverished, the amount of displacement recoverable from enriched not only if there is no legal basis for this shift, but when realization is enrichment has no legal basis in cases where no direct transfer of goods.

 



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Unjust enrichment in terms of domestic and international private law Unjust enrichment in terms of domestic and international private law