Continuity in the Interpretations of Legal Relationships in the Case of Unjustified Enrichment

Abstract

The paper provides a theoretical justification of some substantive constructions that have constituted the civilistic heritage of the past periods and have laid the basis for the modern interpretation of legal relations concerning unjustified enrichment. The paper analyzes the continuity in the development of legal relations regarding the concept of unjustified enrichment. The author has shown that legal relations on unjustified enrichment are of systemic importance for the current law and order. They are located in a very extensive legal field of claims aimed at compensation for damage, and they represent civil law relations of a protective type. Being a real social phenomenon and, at the same time, a civilistic category, legal relations in unjustified enrichment can be analyzed: a) from the standpoint of economics; b) from a legal standpoint; c) from the standpoint of justice (they should coincide with legal standings, which in practice is not always achievable). Continuity in the interpretations of legal relations concerning unjustified enrichment expressed in the dynamics of their historical and legal development provides variability, gradual complication of forms and, at the same time, the constancy of the basic ethical and legal idea of the prohibition of unjustified enrichment. Markers of continuity include: 1) the general principle underlying the corresponding obligation; 2) formal and substantive criteria for determining the groundlessness in the enrichment process; 3) possible tools (forms, methods and means) for the protection of violated rights. Defining each of the listed elements in relation to a particular stage of the economic and legal development of society, we get a general picture of continuity, which for prognostic purposes can be extrapolated to the perspective of the development of the institution of a version claim in the domestic legal system.