THE PLACE OF CONDITION AND RESTITUTION IN CIVIL LAW AND PROBLEMS OF THEIR INTERACTION

Аннотация

It is well known that obligations were one of the original and major institutions of civil law. Obligations also play an important role in ensuring civil circulation. Therefore, contracts, being a special type of obligations, serve as the main driving force in the system of economic relations and a specific legal instrument in determining and exercising the rights and obligations of subjects of civil law. Along with contracts, there are such types of obligations, the main purpose of which is to prevent the violation of the rights and freedoms of subjects, as well as to restore these rights. These types of obligations are commonly referred to as "non-contractual obligations". In turn, there are types of obligations that arise outside the contract, such as obligations from unilateral actions, obligations due to infliction of harm and obligations due to unjust enrichment. At present, the application of restorative and conditional requirements in obligations due to unjust enrichment and the determination of the relationship between these requirements are relevant.