Ampovska, Marija (2020) The overlap between the laws on unjust enrichment and damages and its legal consequences in exercising subjective rights. In: Bratislava Legal Forum 2020, Bratislava, Slovakia. (Unpublished)
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Abstract
Two different relationships regulated by the law of obligations will be subject of analyzes in this paper: unjust enrichment and civil liability and the exercise of this subjective rights through civil procedure (claims for unjust enrichment and claims for damages based on tort law). In R. N. Macedonia they are distinguished from each other in the legal theory as well аs in legislation, and there are different prerequisites for the two types of claims. But, as comparative doctrine concludes, the boundary between them is not so clearly drawn with respect to the prerequisites for the claim or the legal consequences. There is fluid transition between the laws on unjust enrichment and law on damages and overlap between them. We consider this as an area of high importance regarding the role of the advocates as it is crucial for protecting subjective rights. It is to the qualifications and knowledge of the advocate to rise the proper claim in a specific case in order for the plaintiff to receive the adequate legal protection. In case the claim is misplaced and a claim for enrichment is rise instead of claim for damages and vice versa, the judge, under Macedonian civil procedure law, is obligated to reject the claim due to the principle “Ne eat iudex ultra petita partium”. These cases have consequences for the plaintiff, as he has multiple expenses that were not necessary but also faces the statute of limitations and possibility that his subjective right will be left without legal protection. Enrichment of this paper will be the research conducted in the court practice in eastern Macedonian region in order to establish the existence as well as frequency of misplaced claims and to analyze the reasons as well as the consequences for the plaintiff.
| Item Type: | Conference or Workshop Item (Speech) |
|---|---|
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Marija Radevska |
| Date Deposited: | 17 Feb 2020 09:15 |
| Last Modified: | 17 Feb 2020 09:15 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/23811 |
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- The overlap between the laws on unjust enrichment and damages and its legal consequences in exercising subjective rights. (deposited 17 Feb 2020 09:15) [Currently Displayed]
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