Страни по правоотношението, възникнало от неоснователно обогатяване по чл. 59 ЗЗД
UNJUST ENRICHMENT UNDER ART. 59 OF THE LAW ON OBLIGATIONS AND CONTRACTS

Summary/Abstract: The article aims at offering solutions to some disputable hypotheses in which the unambiguous identification of the parties to the legal relationship which arises on the grounds of the rule set forth in Art. 59 of the Law on Obligations and Contracts (LOC) is almost impossible. For this purpose, at its very beginning, the study deals with cases in which there is proprietary transposition of the creditor, the recipient and the third party, however, the giving itself is performed by the third party and not by the creditor. It is made clear that, in the said cases, a serious challenge is the answer to the question of whether the restitution legal relationship arises between the creditor and the recipient in relation to whom the grounds have not been realized or have retroactively ceased to exist or have been absent in principle, or the said relationship arises beween the recipient and the person who has de facto given ‘something’ as it is the latter that has become poorer. In connection with that, focus is brought to a sequence of various hypotheses of enrichment from another’s contractual relationship as well as ones of performance of another’s duty in light of Roman and German legal traditions. Conclusions are also drawn on the basis of the critical analysis made. Special attention is given to the issue of who can make use of a claim under Art. 59 of the LOC in the cases of improvement of another’s item of property and unjustified enjoyment of such an item of property. In light of the latest judicial practice, an analysis is made of certain issues in the relationships between co-owners and third persons arising on the occasion of unjustified proprietary transposition occurring in the course of identifying the parties to the claim under Art. 59 of the LOC.

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