The overlap between the laws on unjust enrichment and damages and its legal consequences in exercising subjective rights

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 (Unpublished)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. There is fluid transition between the laws on unjust enrichment and law on damages and overlap between them. This as an area of high importance regarding the role of the advocates as it is crucial for protecting subjective rights.

Item Type: Conference or Workshop Item (Speech)
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Marija Radevska
Date Deposited: 23 Nov 2020 08:04
Last Modified: 23 Nov 2020 08:04
URI: https://eprints.ugd.edu.mk/id/eprint/26767

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