The article discusses the Roman and German models of regulation of the institute of unjust enrichment on the example of the legislation of France, the Netherlands, Germany and Switzerland. According to the author, some types of lawsuits based on the paradigms of unjust enrichment in France and other Romano-Germanic countries include, in particular, the rules on the return of unjustly acquired funds. Theoretically, this approach is based on the fact that at the time of the adoption of the French Civil Code, the general requirement is too broad to apply to the return of unjustly acquired and creates the possibility of abuse by debtors (payers). The German model is characterized by the definition of a general requirement at the level of regulatory documents, the development of a model typology of conditions. The German model of a general conditional claim is not monolithic, the conditions are based on the results of many years of work by German researchers, taking into account public relations and the established judicial practice of unjust enrichment. It is concluded that conditional obligations under the legislation of European countries are complex. The two main models for building the institution of unjust enrichment obligations – Roman and German – led to the formation of two separate systems, close to each other as a result of the adoption of the French and Dutch civil codes at the beginning and end of the nineteenth century. These codifications also retain the key features of each model.
| Mualliflar | Alimov, Akmal, Алимов, Акмал, Алимов, Акмал |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2022-05-15 |
| Jild | 3 |
| Son | 4/S |
| Betlar | 445-454 |
| Til | O‘zbek |
| DOI | 10.47689/2181-1415-vol3-iss4/s-pp445-454 |
DOI: 10.47689/2181-1415-vol3-iss4/s-pp445-454 · Maqolaning asl sahifasi
асоссиз бойлик орттириш, мажбурият, ҳуқуқ, даъво, кондикция, мол-мулк, талаб, unjust enrichment, obligation, right, claim, condiction, property, неосновательное обогащение, обязательство, право, иск, кондикция, имущество, требование
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