Recovery of Unjust Enrichment: How the Legal Center “FORUM PRAVA” Protects Your Interests
What is unjust enrichment
Unjust enrichment occurs when one party acquires or retains property at the expense of another party without legal grounds. According to Article 1102 of the Civil Code of the Russian Federation, a person who has received property without justification is obliged to return it, or, if this is impossible, to compensate for its value.
The legal center “FORUM PRAVA” successfully represents clients in disputes over unjust enrichment, helping to recover significant amounts in a short time.
Why do disputes over unjust enrichment arise?
Typical causes of disputes include:
- Performing work or delivering goods that have not been paid for;
- Erroneous transfer of funds;
- Use of property without a contract or in violation of its terms;
- Refusal to pay based on unfounded claims.
These situations require careful legal analysis and a well-prepared evidentiary base.
Our approach to recovering unjust enrichment
- Detailed audit of contractual relations and documents
We analyze contracts, work completion certificates, correspondence, payment documents—everything that confirms the transfer of property or provision of services. - Preparation of a strong claim
We rely on key provisions of the Civil Code of the Russian Federation (Articles 1102, 1103), the Arbitration Procedure Code (Article 132), and relevant judicial practice confirming the legitimacy of claims. - Use of current judicial practice
Claims include references to decisions of arbitration courts confirming similar positions, increasing the likelihood of a favorable outcome. - Protection of the client’s interests at all stages of the judicial process
We represent clients in courts of first instance, appeals, and cassation, leveraging our expertise to achieve maximum results.
Legal framework
- Article 1102 of the Civil Code of the Russian Federation — obligations to return unjustly acquired property;
- Article 1103 of the Civil Code — application of provisions to obligations between parties;
- Article 132 of the Arbitration Procedure Code — procedure for filing counterclaims;
- Articles 65 and 75 of the Arbitration Procedure Code — rules of evidence in cases.
Examples of judicial practice supporting our clients’ positions
- Decision of the Moscow District Arbitration Court No. F05-9239/2023 (Case No. A40-131248/2022): recovery of unjust enrichment and interest for the use of another party’s funds.
- Decision of the Volgo-Vyatka District Arbitration Court No. F01-2034/2021 (Case No. A17-2188/2017): recovery of the cost of roof repair work.
Why choose the legal center “FORUM PRAVA”?
- Highly qualified lawyers with specialized education and experience in arbitration proceedings;
- Individual approach to each client;
- Comprehensive legal support at all stages of the case;
- Guarantee of confidentiality and protection of interests.
Frequently Asked Questions (FAQ)
Q: What is unjust enrichment and how can it be proven?
A: It is property or funds received without legal grounds. To prove it, documents such as contracts, work certificates, payment orders, correspondence, and evidence of actual delivery of work or services are collected.
Q: Can a counterclaim be filed within an ongoing case?
A: Yes. According to Article 132 of the Arbitration Procedure Code, a counterclaim can be filed before the court issues a decision and is considered together with the original claim.
Q: What risks does the party that received unjust enrichment face?
A: In addition to returning the amount, the party may be liable for court costs and interest for using another party’s funds.
Q: How can the process of recovering unjust enrichment be accelerated?
A: It is important to promptly gather evidence and professionally prepare the claim, relying on judicial practice and applicable law.
Recommendations for preparing evidence to recover unjust enrichment
- Keep all contracts, work certificates, and approvals;
- Document the transfer of goods or provision of services;
- Retain correspondence with the counterparty regarding the matter;
- Make payments for goods and services via bank transfer with supporting documents;
- Send official letters and requests in response to claims.
Contact us for legal consultation and effective protection of your rights
Legal Center “FORUM PRAVA” — your reliable legal support in disputes over unjust enrichment.
Phone: +7 (495) 115-45-10
E-mail: info@forum-law.ru