THE ESSENCE OF OBLIGATIONS ARISING FROM UNJUST ENRICHMENT

The article analyses the legal nature and essence of obligations arising from unjust enrichment from the standpoint of the principle of fairness and the need to restore the property balance between the parties. The main forms of unjust enrichment are described – the acquisition or retention of property without legal grounds, the performance of an obligation that does not actually exist, and relations arising as a consequence of invalid transactions – and the need to clearly determine the relationship between the institutions of restitution and condiction is shown. The problems of applying this institution are divided into difficulties in the application of law, ambiguities in the interpretation of norms, and problems of distinguishing condictional obligations from delictual and contractual obligations, the consequences of invalid transactions and relations arising from acting in another person's interests without mandate. The prospects for the development of the institution in the context of new property relations, such as electronic payments and digital assets, are covered, and it is concluded that the main features of condictional obligations, the conditions of their application and their legal consequences should be expressed more precisely in legislation and that a uniform approach should be ensured in judicial practice.