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UNJUST ENRICHMENT

 

I am a head of state non-commercial organization. While assuming the director’s position I have discovered that some commercial organization unlawfully, without any leasing right occupied nearly 100 metr squares in the building which belongs to our organization and refuses to leave it.

Is it possible to demand not only to evict the area but also to compensate for the use of the area and the communal expenses for those years?

 

The Chapter 61 of the Civil Code of RA concerns the obligations arising as the result of unjust enrichment.

Particularly, A person who without bases established by a statute, other legal acts, or a transaction has acquired or economized property (the recipient) at the expense of another person (the victim) shall be obligated to return to the latter the unjustly acquired or economized property (unjust enrichment).

You should know that as an unjust enrichment the following should not be returned:

1)property transferred in performance of an obligation before the occurrence of the time period for performance, unless the obligation provides otherwise;

2)property transferred in performance of an obligation after expiration of the time period of limitation of actions;

3)wages and payments equated to them, pensions, allowances, scholarships, compensation for harm caused to the life or health, alimony, and other monetary sums given to a citizen as means for subsistence, in the absence of bad faith on his part;

4) Monetary sums and other property provided in performance of a nonexistent obligation if the aquirer proves that the person claiming return of the property knew of the absence of the obligation or provided the property for purposes of charity.