The Correlation Between Recovery of Property From Another\'s Illegal Possession, Unjust Enrichment and Restitution Under the Russian Civil Law

This paper provides the study of the correlation between three different types of subjective rights protection in the context of civil turnover: recovery of property from another's illegal possession, unjust enrichment and restitution. The ultimate goals of this thesis are: to determine the most significant purposes of the application of such legal institutions as recovery of property from another's illegal possession, unjust enrichment and restitution in Russian law and to clarify the difference between the existing and effective (if there is a discrepancy between these categories) regulation in this area. The analysis of domestic and foreign legal regulation of the protection of rights of participants in civil commerce allows us to draw a clear parallel. The questions of borrowing and innovations in law-making are extremely relevant. The economic analysis is necessary in this context to realize how effective borrowed or unique legal institutions in particular circumstances are. A distorted understanding of the primary source, borrowing institutions without analyzing their economic effectiveness, creating fictions where there is no need for them — all this can significantly complicate the achievement of the main purpose of the mechanisms under consideration, which is to ensure stability and balance of civil turnover. At the same time, the author also came to the conclusion that the existence of revindication (let's call it so), unjust enrichment and restitution, without any doubt, is justified. The requirement to return the property that has been groundlessly received or saved is legitimate and reasonable. Absence of necessity to prove the title at the same time also contributes to the simplification of civil turnover. Finally, the author dedicates his last conclusion to the importance of the presumption of the return of property in kind. Such a rule protects the property interests of participants in civil turnover.