| Abstract [eng] |
The main aim of this master thesis is to reveal and analyze the institute of unjustified enrichment or acquirement of property without the ground and it’s relation between other institutes of Lithuanian civil law: restitution, vindication, obligation to pay damages. The master thesis is based on a scientific literature analysis, linguistic, comparative and generalization methods. The master thesis consists of three parts. The first part analyzes the origin and evolution of the institute of unjust enrichment. There is shown that this institute has been formed in Roman law, where he was singled out as quasi-contracts category and were establish typical cases of unjustified enrichment. Over time the principle that no one can get rich at the expense of another person was codified in various continental countries. In 1964 this institute was established in the civil law of Lithuanian. Moreover, nowadays the regulation of unjustified enrichment is much more detailed. The second part deals with relation between unjustified enrichment and acquirement of property without the ground sub – institutes, the major similarities and differences between them. The third part is devoted to comparison between unjust enrichment and acquirement of property without the ground and other institutes of civil law: restitution, vindication and obligation to pay compensation. The institute under analysis has a considerable affinity with restitution, vindication and obligation to pay damages the conditions of application of each of the said institutions and their legal nature are discussed. In addition, a considerable attention was paid to the doctrine of law and practice of courts. Striving for higher particularity, it is explored how the institute under analysis is regulated and interpreted in legal systems of other states. |
