Стицање без основа
Unjust Enrichment

Author(s): Milica Panić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Enrichment;Impoverishment;Condition;Conscientiousness;
Summary/Abstract: In this paper we discuss some general questions relating to the unjust enrichment for which different terms are used in theory, such as: ungrounded enrichment, legal ungrounded enrichment, acquisition without legal basis, unjustified enrichment. According to Art. 210 of the Law on Obligations, the unjust enrichment means the transfer of some part of the property of a per- son in any way into the property of another person, while this transition has no legal basis in any legal transaction or law. In this case, the acquirer will be obliged to return it, and when it is not possible, he/she will be obliged to compensate for the value of the achieved benefits.We analyze the solutions from the draft of the Civil Code of Serbia, the Draft Law on Obligations of the Federation of Bosnia and Herzegovina/ Republika Srpska, as well as the solutions from the Law on Obligations of the former Yugoslav Republics. We pay special attention to the solutions of the court practice.

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