The Problem of Competition of Lawsuits at Unjust Enrichment Recovery

This diploma is dedicated to the issue of the unjust enrichment recovery under Russian law and competition of the lawsuits at this sphere. The problem is actual, as the disputes on the nature of condiction lawsuits are carried out in scientific literature till now. On the one hand, some scientists thinkt hat condiction as the way of protection of civil rights shall apply subsidiary only when it is impossible to protect property rights by vindication, tort lawsuit or contractual lawsuit. On the other hand, another set of lawyers concede the competition of the lawsuits. This dispute leads to the contradictory case-law, which eventually results in uncertainty of legal protection. Author of the diploma analyzes practice of the courts, experience of German and French legal scientists, and historical review of application of the rules on unjust enrichment in Russia and solutions of the problem of competition of lawsuits in this sphere. As a result, author сomes to the conclusion that very often scientists allow competition of the lawsuits because of wrong understanding of the meaning of the term "unjust enrichment" and in case when lawyers want to avoid application of restrictive norms.