The Conditional Method of Rights Protection in the Field of Heat Supply

The article examines various aspects of the application of the rules on unjust enrichment in the sphere of heat supply (property, obligation and protective), demonstrating a largely formal approach not only to legal relations in the sphere of heat supply, but also to the choice of methods for protecting civil rights. Using a number of indicative legal disputes as an example, the article criticizes the right to assign thermal capacity, which often leads to unjust enrichment; the model for regulating the transfer of thermal energy, in which a related organization bears uncompensated costs for the use of its heat network property; the right to demand compensation by the subscriber for poor-quality thermal energy, calculated taking into account the change in the amount of payment for the utility service.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2025-03-15
DOI
https://doi.org/10.17803/2311-5998.2025.125.1.102-109
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
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article

The Conditional Method of Rights Protection in the Field of Heat Supply

Liudmila A. Makarova
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Courier of Kutafin Moscow State Law University (MSAL)
Law, Economics, and Judicial Systems
article

The Conditional Method of Rights Protection in the Field of Heat Supply

Liudmila A. Makarova
article en

Abstract

The article examines various aspects of the application of the rules on unjust enrichment in the sphere of heat supply (property, obligation and protective), demonstrating a largely formal approach not only to legal relations in the sphere of heat supply, but also to the choice of methods for protecting civil rights. Using a number of indicative legal disputes as an example, the article criticizes the right to assign thermal capacity, which often leads to unjust enrichment; the model for regulating the transfer of thermal energy, in which a related organization bears uncompensated costs for the use of its heat network property; the right to demand compensation by the subscriber for poor-quality thermal energy, calculated taking into account the change in the amount of payment for the utility service.

Courier of Kutafin Moscow State Law University (MSAL)Vol. 1(1)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 92%
Law, Economics, and Judicial Systems
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