ДОПУСТИМО ЛИ Е ДА СЕ ТЪРСИ НЕОСНОВАТЕЛНО ОБОГАТЯВАНЕ ИЗВЪН ОБЕЗЩЕТЕНИЕТО ЗА ВРЕДИ ОТ НЕИЗПЪЛНЕН ДОГОВОР (ИЛИ ДЕЛИКТ), ПРИЧИНЕНИ ОТ ОБОГАТИЛИЯ СЕ ЗА СМЕТКА НА ОБЕДНИЛОТО СЕ ЛИЦЕ
IS IT PERMISSIBLE TO SEEK UNJUST ENRICHMENT BEYOND BREACH (OR TORT) DAMAGES CAUSED BY THE ENRICHMENT AT THE ACCOUNT OF THE INDEPENDENT PERSON

Summary/Abstract: This report examines issues related to a recently proposed institute in Bulgarian doctrine called “delict condition” and its applicability to contractual legal relations such as “contractual” condition. In a more general plan, the legal possibility to equalize the reduced property of a person who is a party to a contractual relationship and is damaged by contractual non-performance is discussed, when the means of realization of contractual liability are not able to cause such equalization or to repair the reduced property. In this sense, the conditional claim in question aims to take away what the person responsible for the breach of contract (or for a tort) has enriched himself at the expense of the owner of the affected asset, who is also a party to the contract or damaged by the tort. It is commented whether under Bulgarian law, when the compensation for damages is not sufficient to compensate for the reduction of the property of the right holder, this reduction can be removed with conditional claims, including up to the amount of the enrichment of the offender. The relevant texts from our European and national legislation in the field of intellectual property, trade secret, industrial design, trademarks and geographical indications have been examined.

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