CHAPTER 60. OBLIGATIONS DUE TO UNJUST ENRICHMENT
Article 1102. The Obligation to Return Unjust Enrichment
1. A person who has acquired or saved property (purchaser) without the grounds, established by the law, other legal acts or the transaction, at the expense of another person (victim) shall be obliged to return to the latter the property acquired or saved unjustly (unjust enrichment), except for the cases, provided for by Article 1109 of this Code.
2. The rules, provided for by this Chapter, shall be applicable regardless of the fact whether unjust enrichment resulted from the behaviour of the purchaser of property, the victim himself, third persons or took place regardless of their will.
Article 1103. The Correlation of Claims for the Return of Unjust Enrichment With Other Claims for the Protection of Civil Rights
Inasmuch as the contrary is not established by this Code, other laws or other legal acts and does not follow from the essence of corresponding relations, the rules, envisaged by this Chapter, shall be applied to the following claims:
- for the return of the executed in an invalid transaction;
- for the reclamation of property by its owner from the illegal possession of other people;
- of one party in the obligation to the other party for the return of the executed in connection with this circumstance;
- for the redress of injury, including that inflicted by the dishonest behaviour of the enriched person.
Article 1104. The Return of Unjust Enrichment in Kind
1. Assets comprising the unjust enrichment of the purchaser shall be returned to the victim in kind.
2. The purchaser shall be liable to the victim for any fortuitous shortage or deterioration of the groundlessly acquired or saved property, which have taken place after he knew or should have known about unjust enrichment. Until this time he shall be answerable for intent or gross negligence.
Article 1105. Compensation for the Value of Unjust Enrichment
1. If it is impossible to return the groundlessly acquired or saved property in kind, the purchaser shall compensate to the victim for the actual value of this property at the time of its acquisition, and also for the losses, caused by the subsequent change in the value of property, if the purchaser has not reimbursed its value at once after he has known about unjust enrichment.
2. A person who groundlessly used the property of other people for the time being without his intention to acquire it or used the services of other people shall recompense to the victim all that he has saved owing to such use at the price existing at the time when this use ended and in the place where the use took place.
Article 1106. The Consequences of the Groundless Transfer of the Right to Another Person
A person who has transferred claims by way of cession or the right belonging to him in other way to another person on the basis of a non-existent or invalid obligation shall have the right to demand the restoration of the former position, including the return to him of the documents certifying the transferred right.
Article 1107. The Reimbursement of Non-received Income to the Victim
1. A person who has received or saved property ungroundlessly shall be obliged to return to the victim or to reimburse all his incomes which he derived or should have derived from this property since the time when he knew or should have known about unjust enrichment.
2. Interest for the use of pecuriary means of other people (Article 395) shall be subject to addition for the sum of unjust pecuniary enrichment since the time when the purchaser knew or should have known about the groundless receipt or saving of monetary means.
Article 1108. The Reimbursement of Expenses on Property Subject to Return
In case of the return of the property groundlessly received or saved (Article 1104) or in case of the reimbursement of its value (Article 1105) the purchaser shall have the right to demand that the victim should compensate for the necessary expenses on the maintenance and upkeep of property since the time from which he is bound to receive income (Article 1106) with the offset of the received benefits. The right to compensation shall be lost in case when the purchaser deliberately retained property subject to return.
Article 1109. Unjust Enrichment Not Subject to Return
The following property shall not be subject to return as unjust enrichment:
- property transferred for the execution of the obligation before the onset of the time for execution, unless the obligation provides for otherwise;
- property transferred for the execution of the obligation upon the expiry of the period of limitation;
- wages and salaries and payment equated therewith, pensions, benefits, scholarships, the redress of injury inflicted on human life or health, alimony and other pecuniary sums given to an individual as means of subsistence in the absence of dishonesty on his part and of calculation error;
- pecuniary sums and other property given for the execution of a non-existent obligation, if the purchaser proves that the person who demands the return of property knew about the absence of the obligation or granted property for charity purposes.