Demenko S. Obligations in connection with the acquisition, preservation of property without sufficient legal basis.

The thesis is devoted to the definition of the legal nature, features, grounds and conditions of obligations in connection with the acquisition, preservation of property without sufficient legal basis (unjust enrichment obligations), as well as the development of proposals and recommendations for improving legal mechanisms for regulating these obligations. It is defined that unjust enrichment obligations should be considered as a legal relationship in which one party (acquirer), which acquired property or preserved it at the expense of another party (victim) without a sufficient legal basis (unreasonably) or on a basis that subsequently disappeared (unreasonably acquired property), is obliged to return this property to the victim. In the thesis also substantiated the conclusion that the unjust enrichment obligations are a consequence of the violation of a person's subjective right to peaceful possession of their property, which is protected by Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Special attention is paid to determining the practical significance of the moments of occurrence and termination of obligations to acquire, preserve property without sufficient legal basis, which determine the temporal course of unjust enrichment obligations and on the basis of which in law enforcement practice establish: a) the moment and fact of occurrence at the person, whose rights have been violated, the right to protection; b) the grounds and amount of damages caused by unjustified acquisition or preservation of property, or the amount of compensation for income received from unjustifiably acquired property; c) termination of the right to protection. However, it is justified that the moment of occurrence of unjust enrichment obligations is a certain date, which can be associated with the beginning of unjustified possession and/or use of someone else's property.