When does unjust enrichment occur?
Liabilities resulting from unjust enrichment are regulated by Chapter 60 of the Civil Code of the Russian Federation.
You can recover unjust enrichment in the following cases:
- your company mistakenly paid the supplier more for goods than stated in the contract;
(Resolution of the Arbitration Court of the Far Eastern District dated September 5, 2018 N F03-3552/2018 in case N A73-19564/2017);
- the bank unlawfully charged a commission from your company
(Resolution of the Arbitration Court of the Moscow District dated December 25, 2018 N F05-21802/2018 in case N A40-57203/2018);
- the other party received funds before the conclusion of the contract, but the contract was never concluded and the goods were not delivered
(Resolution of the Arbitration Court of the North Caucasus District dated December 20, 2017 N F08-10299/2017 in case N A63-6667/2017);
- the contract was declared not concluded, the supplier did not return the advance payment and did not deliver the goods
(Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 17, 2002 N 10575/01 in case N A76-5254/2001-7-276);
- you provided services, the defendant terminated the contract, but did not pay for the services provided
(Resolution of the Arbitration Court of the Volga District dated November 9, 2018 N F06-38848/2018 in case N A12-8962/2018);
- after termination of the lease agreement, the tenant continues to use your property
(Resolution of the Arbitration Court of the North Caucasus District dated February 14, 2020 N F08-11784/2019 in case N A32-10180/2019);
- you, as one of the shared owners of the building, repaired it, since its condition was emergency and threatened the life and health of people, you have the right to recover part of the cost of repairs from other owners
(Resolution of the Arbitration Court of the North-Western District dated September 17, 2019 N F07-10313/2019 in case N A13-19065/2018);
- your company sold part of the land plot, after registering the transfer of ownership of the share, it fully paid the land tax for the entire plot, you have the right to recover part of the land tax from the buyer
(Determination of the Supreme Court of the Russian Federation dated September 10, 2018 No. 305-ES18-5945 in case No. A40-60970/2017).
In what cases do the rules on unjust enrichment not apply?
The court will refuse to satisfy a claim for unjust enrichment if you:
- transferred the property ahead of schedule under the contract;
- fulfilled obligations after the expiration of the statute of limitations;
- voluntarily transferred the property, knowing that there were no obligations. In such situations, it will not be possible to return the disputed property or funds.
Individual claim for unjust enrichment
Urgently Competently Confidentially Order
