LEGAL THEORIES OF UNJUST ENRICHMENT IN COMMERCIAL DISPUTES

Authors

  • Gao XinXin Author

Keywords:

Keywords: Unjust Enrichment, Commercial Law, Legal Theories, Civil Code of Uzbekistan, Legal Reform, Comparative Law, Business Disputes, Restitution, Equity, Jurisprudence, Legal Doctrine.

Abstract

Abstract:This study offers a thorough examination of unjust enrichment as a legal concept, with a specific focus on its relevance to commercial litigation within Uzbekistan. It investigates the essential attributes and underlying jurisprudential principles that define unjust enrichment, setting it apart from obligations arising in contract and tort. Utilizing comparative methodologies, real-world examples, and judicial precedents, the paper identifies key uncertainties, intersections, and procedural difficulties present in current legal practice. The discussion underscores the need for a more coherent and structured approach to unjust enrichment in order to foster equitable outcomes and reinforce legal predictability in commercial dealings. Incorporating international legal models and scholarly perspectives, the paper proposes actionable reforms, institutional enhancements, and compliance measures designed to support legal development and enhance the commercial regulatory framework in Uzbekistan.

References

1. Karimov, S., & Tashkent Legal Institute. (2023). Unjust Enrichment in Uzbek Commercial Law: Doctrinal Challenges and Reform Prospects. Journal of Central Asian Law Studies, 12(1), 45-68.

2. International Institute for the Unification of Private Law (UNIDROIT). (2021). Principles of Restitution and Unjust Enrichment in Commercial Transactions. Retrieved from https://www.unidroit.org/publications/principles

3. Müller, F. (2019). Comparative Analysis of Unjust Enrichment in German and Uzbek Civil Law. European Journal of Private Law, 27(4), 345-367.

4. Civil Code of the Republic of Uzbekistan. (2021). Articles 1100–1105 on Unjust Enrichment. Tashkent: Legislative Publication Office.

5. Li, W. (2022). The Role of Good Faith in Chinese Unjust Enrichment Law: Lessons for Emerging Markets. Asian Journal of Commercial Law, 8(2), 112-130.

6. Max Planck Institute for Comparative and International Private Law. (2020). Enhancing Legal Certainty: Unjust Enrichment and Judicial Practice in Transitional Economies. Retrieved from https://www.mpipriv.de/research/reports/unjust-enrichment

Published

2025-06-09

How to Cite

Gao XinXin. (2025). LEGAL THEORIES OF UNJUST ENRICHMENT IN COMMERCIAL DISPUTES. Ustozlar Uchun, 73(2), 22-27. https://scientific-jl.com/uuc/article/view/19264