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The Comparison of Lawsuit for Unjust Enrichment with other Requirements of Civil Rights Protection

Student: Ekaterina Vysokoumova

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

In the final graduation work we present a comprehensive analysis of the institute of unjust enrichment in the system of Russian legislation. In particular, we studied the legal nature of the lawsuit for unjust enrichment, as well as the elemental composition of mentioned relationship - object, subject and content. Also, the basic views on the phenomenon of "lawsuits competition" were evaluated in order to provide full understanding of the problem of comparison the lawsuit for unjust enrichment with vindication, tort, contractual and restitution claims, which, in fact, is the capital issue in the present study. Key aspect was connected with the presence (or absence) of unconditional and unambiguous criteria for their differentiation. On the basis of the analysis of the characteristics of the lawsuit for unjust enrichment in its relation with other civil requirements, it was concluded that each considered claim has unique features which could distinguish it from considered claim for unjust enrichment. Moreover, an absence of competition between aforementioned claims was evident by the fact that lawsuit for unjust enrichment has a subsidiary function in relation to other requirements (Article 1103 of the Civil Code).

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