The claim for unjust enrichment other than damages in contract or tort
- Autores: Ivan Ruschev
- Localización: Ius romanum, ISSN-e 2367-7007, Nº. 1, 2024, págs. 420-428
- Idioma: varios idiomas
- Enlaces
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Resumen
This article examines issues related to a heavy construction recently proposed in the Bulgarian doctrine, called "delict condition" and its manifestation in practice/ its applicability. Presented as a new source of bond claim, it provides the possibility, in addition to compensation for damages from an illegal behavior, to encroach on the property of the defaulting party to the contract (or the delinquent) in order to supplement the property of the party affected by the offense through conditional (of unjust enrichment) claim. A recent act of the ECtHR is commented on, which can be attributed to the hypotheses of the "delict condition". Examined through the lens of Article 4 of the Convention, whether it establishes a positive obligation to enable victims of human trafficking to seek compensation for lost earnings from their traffickers and under what circumstances such a positive obligation may be avoided in respect of income obtained by the victim through prostitution and taken by the trafficker
