The contemporary literature increasingly argues in favor of implementing the doctrine of loss of enrichment in Russian law, following the example of foreign jurisdictions; however, no targeted studies dedicated to this doctrine have been performed until now. This work aims at filling in this gap to a certain extent.The article arrives at the conclusion that the extension of the scope of obligations arising out of unjust enrichment within the examined jurisdictions was accompanied by the implementation of the loss of enrichment defense. The article also contains a systematic review of the elements of the loss of enrichment defence, as defined in foreign law. In the author’s opinion, the liberal approach to the conditions of satisfaction of an unjust enrichment lawsuit adopted in Russian law makes the issue of protecting the interests of a good-faith enrichment debtor under unjust enrichment relevant. However, the existing mechanisms for such protection are far from perfect.
Translated title of the contributionREVISITING THE CONDITIONS FOR LIMITING THE UNJUST ENRICHMENT OBLIGATION TO THE AMOUNT OF MONETARY ENRICHMENT
Original languageRussian
Pages (from-to)124-175
JournalВестник экономического правосудия Российской Федерации
Issue number6
StatePublished - 13 Jun 2018

ID: 41101724