Comparative analyses of unjust enrichment law in the foreign legislation systems

Abstract

Development of integration processes in the conditions of international globalization, and wide-spread usage of various international electronic payments systems lead to a situation when facts of unjust enrichment can cross borders and become a wide-spread international phenomenon.
 Purpose of this article is to analyze approaches to what is qualified as «unjust enrichment» in the area of law and jurisdiction in the forerign countries and discussing main issues raising when defining the term.
 In the article the emphasis underscores the fact that in the contemporary law-based systems the possibility of breaking a balance of interests of the participants as a result of unjust move of assets, is directly addressed by existing laws or is considered by court on the ground of unfair gain. The main rule that regulates such law collisions in situations that define governing principles in case of unjust enrichment, is the legislation system of the country where such collision takes place.
 It is also stated that these days obligations arising from becoming an unintentional party gained from the unjust enrichment are defined separately from commercial or civil law. It is also emphasized that establishing such a regulatory mechanism has been based on a long period of evolution in understanding the essence of what should be considered an unjust enrichment.