CIVIL AND LEGAL PROBLEMS OF THE INSTITUTION OF CONDITIONALIZATION
Keywords:
Key words: unjust enrichment, institute of condition, conditional claim, civil law, obligations, judicial practice, legal regulation, compensation for damages.Abstract
Abstract: The article is dedicated to the research of the institution of obligations
under unjust enrichment (condiction) in the civil law, particularly, the Republic of
Uzbekistan. Historical origins of this institution, its formation in the context of the
Roman law and current legal systems, such as Russian and German one is discussed.
The author examines the prerequisites of the occurrence of obligations under
condiction, the primary types of unfair enrichment, and the issues that emerge in the
field of judicial practice to decide the fact of getting an enrichment, the extent of its
compensation, and the restoration of the property. The emphasis is made on the gaps
in the legislation and challenges in the implementation of the law due to the vague
wording and a wide range of the court verdicts. Finally, the suggestions regarding
better regulation of law and judicial proceedings to be applied to guarantee justice and
safeguard the property rights of the parties are provided.
References
Literature review
1. Civil Code of the Republic of Uzbekistan (part two) dated March 1, 1997 No. 256-
I. https://lex.uz/docs/180550.
2. Braginsky M.I., Vitryansky V.V. "Contract Law: General Provisions". - M.: Statut,
2013.
3. Lobanov A.G. "Unjust Enrichment in Russian Civil Law". - St. Petersburg: Legal
Center Press, 2018.
4. Bettingen H. "Unjust Enrichment in the Continental and Anglo-Saxon Legal
Systems" // Modern Law, 2021, No. 5.
5. Ioffe O.S. "Law of Obligations". - M.: Statut, 2014.
6. Sukhanov E.A. "Civil Law". — M.: Wolters Kluwer, 2016.
7. Zweigert K., Ketz H. Introduction to comparative law in the field of private law:
in 2 volumes. Vol. 2 / Translated from German. – Moscow: International Relations.
2000.–pp. 294-295.
8. Novitsky I.B. Fundamentals of Roman civil law. Textbook for universities.
Lectures. –M.: ZERTSALO Publishing House, 2000. –P.215-216.
9. https://inscience.uz/index.php/socinov/index Analysis of approaches to liability
arising from unfair enrichment actions.
10. Shershenevich G. F. Textbook of Russian civil law. - 10th ed. - M.: 1912. -P. 672.
11. Ioffe O. S. Law of Obligations. - M., 1975. - P. 860.
12. Case from the judicial practice of the Republic of Uzbekistan, On August 16,
2024, the Mirzo Ulugbek Interdistrict Court for Civil Cases of Tashkent considered
case No. 2-1001-2404/24484.
