2018Unpublished venueRequires access

Obligations as the Result of Unjust Enrichment

Peter B. Maggs, A.N. Zhiltsov

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Abstract

Property constituting unjust enrichment of the recipient must be physically returned to the victim. The recipient shall be liable to the victim for every, including accidental, shortage or worsening of the unjustly received or economized property that occurred after it knew or should have known of the unjust enrichment. It shall be liable only for intent and gross negligence before this time. A person who has unjustly received or economized property shall be obligated to return to or compensate the victim for all income that it extracted or should have extracted from this property from the time when it knew or should have known of the unjust enrichment. Interest for the use of another’s assets shall be assessed on the amount of unjust monetary enrichment from the time when the recipient knew or should have known of the unjust receipt or saving of monetary assets.

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What this paper is about

Property constituting unjust enrichment of the recipient must be physically returned to the victim. The recipient shall be liable to the victim for every, including accidental, shortage or worsening of the unjustly received or economized property that occurred after it knew or should have known of the unjust enrichment. It shall be liable only for intent and gross negligence before this time. A person who has unjustly received or economized property shall be obligated to return to or compensate the victim for all income that it extracted or should have extracted from this property from the time when it knew or should have known of the unjust enrichment. Interest for the use of another’s assets shall be assessed on the amount of unjust monetary enrichment from the time when the recipient knew or should have known of the unjust receipt or saving of monetary assets.

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Available abstract

Property constituting unjust enrichment of the recipient must be physically returned to the victim. The recipient shall be liable to the victim for every, including accidental, shortage or worsening of the unjustly received or economized property that occurred after it knew or should have known of the unjust enrichment. It shall be liable only for intent and gross negligence before this time. A person who has unjustly received or economized property shall be obligated to return to or compensate the victim for all income that it extracted or should have extracted from this property from the time when it knew or should have known of the unjust enrichment. Interest for the use of another’s assets shall be assessed on the amount of unjust monetary enrichment from the time when the recipient knew or should have known of the unjust receipt or saving of monetary assets.

Key concepts: Unjust enrichment, Political science, Law, Restitution

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