The relationship arising from ungrounded enrichment and the competition of regulatory norms

Аннотация

The paper addresses particular type of legal obligation, an ungrounded enrichment. Undoubtedly, the mentioned legal relationship is associated with certain difficulties, both from a theoretical and practical point of view. The difficulty is conditioned by the problems related to its separation from other types of obligatory as well as property law defined judicial relations. The latter implies protection of property rights and owner's rights, prevention of use and compensation for unreceived benefits.  The mentioned problems also appear in relationships related to the cases of ungrounded enrichment, when it comes to the rights and duties of the person enriched on the basis of unjustly received, in addition, the relations of the alleged creditor and the alleged debtor, the received item and the rules and conditions for returning of the benefits received from its use, and etc. The aim of the paper is to discuss the issues related to the concept of ungrounded enrichment, its types (conditions of fulfillment and non-fulfillment), interrelationship of the norms of the Civil Code of Georgia (CCG), which are in competition in the process of regulation of legal relations arising from property and ungrounded enrichment related events. The issues discussed in the article are noteworthy for both theorists and practicing lawyers.