Open AccessBASIC CONDITIONS AND STAGES OF RAISING CONDITIONAL OBLIGATIONS IN RUSSIAN CIVIL LEGISIATION
Author(s) -
L.S. Shestakova
Publication year - 2020
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2020-36-4-100-105
Subject(s) - legislation , law , civil code , political science , civil law (civil law) , compensation (psychology) , period (music) , public law , philosophy , psychology , psychoanalysis , aesthetics
The article considers the process of formation of the institute of conditioning in Russian legislation since the 19th century. Certain aspects of making court decisions on compensation for damage due to unjustified enrichment in pre-revolutionary Russia are covered. The author analyzed the legislation of Russia in the prerevolutionary periods, the Soviet and modern period in the field of conditioning obligations, which made it possible to form the main concepts, signs, factors and conditions for their emergence. Before the introduction of a separate chapter in the Civil Code of the RSFSR of 1922, devoted to obligations arising from unjustified enrichment, this issue was not regulated by law, court decisions were made on the basis of law governing similar legal relations. In the development of civil law, the question arose of distinguishing conditional obligations from related civil law institutions. For this purpose, the grounds and conditions for the emergence of obligations due to unreasonable enrichment were determined.