Relationship of condition obligations and restitution: competition of claims

Abstract

The article considers the issue of distinguishing obligations due to unjust enrichment from the property consequences of invalidating the transaction. The author, having studied the civil legislation of Russia, scientific research in the field of the institute of conditioning and restitution, decisions of arbitration courts, determined the ratio of conditioning and restitution requirements. The relationship between these institutions lies in the fact that the norms of Art. 167 of the Civil Code of the Russian Federation do not provide for a plurality of possible consequences that may take place in practice. The existing gaps of the institute on the invalidity of transactions can be filled by the application of the norms of the institution of obligations from unjust enrichment in accordance with paragraphs 1 of Art. 1103 of the Civil Code of the Russian Federation. The analysis made it possible to highlight aspects of the existence (or absence) of competition of civil claims, including in an invalid, null or void or contested transaction.