Неосновано обогаћење
Unjust Enrichment

Summary/Abstract: This work deals with a segment from the wide variety of issues covered by the institute of legally unjust enrichment. The author of the text considers first the title of the institute, i.e. the terminology in our and foreign literature and legislation, and concludes that the ,,unjust enrichment‘‘ is the most appropriate term, which has also been used in our judicial practice. In the second part of the paper, the author analyzes the application of this institute, that is the question when a person deprived of a property can ask for the restitution of the same value. In the following chapter she gives the history of unjust enrichment, starting from the Roman law where we can first find actio de in rem verso ( legal action to recover the property unjustifiably taken away from the person entitled to it), to Gloss and Post-gloss , to different perceptions of this institute in the German, French and Italian legal history. A special contribution of Savigny to the analysis of the institute is particularly emphasized. Finally, a number of provisions are cited from our Code of Obligations and, instead of a conclusion, there is a brief review of the evolution of the philosophical and legal ideas and regulations regarding unjust enrichment, from the Roman law to the present days.

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