Chapter 60. Obligations due to unjust enrichment.
Article 1102. Obligation to return unjust enrichment.
1. A person who, without a basis established by law, other legal acts or a transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except as provided for in Article 1109 of this Code.
2. The rules provided for by this chapter are applied regardless of whether the unjust enrichment resulted from the behavior of the acquirer of the property, the victim himself, third parties, or occurred against their will.
Article 1103. Correlation of claims for the return of unjust enrichment with other claims for the protection of civil rights.
Since otherwise is not established by this Code, other laws or other legal acts and does not follow from the substance of the relevant relationship, the rules provided for by this chapter are also applicable to the requirements:
1) on the return of the executed on an invalid transaction;
2) on the reclamation of property by the owner from another's illegal possession;
3) of one party in the obligation to the other on the return of the performed obligation in connection with this obligation;
4) on compensation for harm, including that caused by the unscrupulous behavior of an enriched person.
Article 1104. Return of unjust enrichment in kind.
1. Property constituting unjust enrichment of the acquirer must be returned to the victim in kind.
2. The acquirer shall be liable to the victim for any, including any accidental, shortage or deterioration of unjustly acquired or saved property that occurred after he learned or should have known about the unjust enrichment. Up to this point, he is responsible only for intent and gross negligence.
Article 1105. Reimbursement of the value of unjust enrichment.
1. If it is impossible to return in kind unjustifiably received or saved property, the acquirer must reimburse the victim for the actual value of this property at the time of its acquisition, as well as losses caused by the subsequent change in the value of the property, if the acquirer did not refund its value immediately after learning of the unfoundedness enrichment.
2. A person who unreasonably temporarily used someone else's property without the intention to purchase it or someone else's services must reimburse to the victim what it saved as a result of such use, at the price that existed at the time when the use ended, and in the place where it occurred.
Article 1106. Consequences of unjust transfer of the right to another person.
A person who has transferred the right to another person on the basis of a non-existent or invalid obligation by assigning a claim or otherwise belonging to it to another person has the right to demand the restoration of the previous situation, including the return of documents certifying the transferred right.
Article 1107. Reimbursement to the victim of unearned income.
1. A person who unreasonably received or saved the property is obliged to return or reimburse the victim all the income that he derived or should have extracted from this property since the time when he learned or should have known about the unjust enrichment.
2. The amount of unjust monetary enrichment shall be subject to accrual of interest for the use of another's funds (Article 395) from the time when the acquirer learned or should have known about the unjustified receipt or saving of funds.
Article 1108. Reimbursement of expenses for property to be returned.
When returning unjustifiably received or saved property (Article 1104) or reimbursement of its value (Article 1105), the acquirer has the right to demand from the victim compensation for the necessary expenses incurred for the maintenance and preservation of property from the time from which he is obliged to return income (Article 1106) with offsetting received their benefits. The right to reimbursement is lost when the acquirer intentionally withheld the property to be returned.
Article 1109. Unjust enrichment, non-returnable.
The following shall not be returned as unjust enrichment:
1) property transferred in fulfillment of an obligation before the maturity date, unless the obligation provides otherwise;
2) property transferred in pursuance of an obligation after the expiration of the limitation period;
3) wages and payments equal to it, pensions, allowances, scholarships, compensation for harm caused to life or health, alimony and other sums of money provided to a citizen as a means of subsistence, in the absence of bad faith on his part and a counting error;
4) monetary amounts and other property provided in pursuance of a non-existent obligation, if the acquirer proves that the person demanding the return of the property was aware of the absence of the obligation or provided the property for charity purposes.
President of the Russian Federation B. Yeltsin
January 26, 1996
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