USING OF THE INSTITUTE OF UNJUSTIFIABLE ENRICHMENT IN SETTLEMENT RELATIONSHIP
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
25.04.2016
Accepted:
04.05.2016
Published:
04.05.2016
Language:
Russian
Keywords:
Banking law, payments and settlement, recovery of money paid by mistake, liability, unjustified enrichment, the German law.
Abstract (English):
In 2009 Directive 2007/64/EC of the European Parliament and of the Council of November 13, 2007 on payment services in the internal market was implemented into the German civil law. The article deals with theoretical and practical problems of the recovery of money paid by mistake based on the principles of unjust enrichment according to the German law with regard to the new regulation. Тhe German Civil Codex (BGB) distinguishes between “performance” and “non-performance” conditions. By presenting basic arguments the author shows that this is of crucial importance for the concept of the recovery of money paid by mistake under the principles of unjustified enrichment. Due to the new regulation the Federal Court of Justice (Bundesgerichtshof) in Germany has recently changed its legal opinion. The article compares the legal position before and after the implementation of the directive on payment services into the German law and its impact on the German legal concept of the recovery of money paid by mistake under the principles of unjust enrichment.
In 2009 Directive 2007/64/EC of the European Parliament and of the Council of November 13, 2007 on payment services in the internal market was implemented into the German civil law. The article deals with theoretical and practical problems of the recovery of money paid by mistake based on the principles of unjust enrichment according to the German law with regard to the new regulation. Тhe German Civil Codex (BGB) distinguishes between “performance” and “non-performance” conditions. By presenting basic arguments the author shows that this is of crucial importance for the concept of the recovery of money paid by mistake under the principles of unjustified enrichment. Due to the new regulation the Federal Court of Justice (Bundesgerichtshof) in Germany has recently changed its legal opinion. The article compares the legal position before and after the implementation of the directive on payment services into the German law and its impact on the German legal concept of the recovery of money paid by mistake under the principles of unjust enrichment.
Keywords:
Banking law, payments and settlement, recovery of money paid by mistake, liability, unjustified enrichment, the German law.
Banking law, payments and settlement, recovery of money paid by mistake, liability, unjustified enrichment, the German law.
1. Belling D. W., Belling J. Zahlungsdiensterecht und Bereicherungsausgleich bei nicht autorisierten Zahlungsvorgängen. Juristenzeitung. 2010
2. Gößmann W. Recht des Zahlungsverkehrs. 4-e izd. Berlin, 2004.
3. Grundmann S. Großkommentar zum Handelsgesetzbuch. Bankvertragsrecht, Zahlungs- und Kreditgeschäft. 5-e izd. T. 3. Berlin; Myunkhen, 2015.
4. Kiehnle A. Rückabwicklung eines nicht autorisierten Zahlungsvorgangs. Neue Juristische Wochenschrift. 2015. No. 42.
5. Kötter H.-W. Zur Rechtsnatur der Leistungskondiktion (Archiv für die civilistische Praxis) 153 (1954).
6. Reuter D., Martinek M. Handbuch des Schuldrechts. Ungerechtfertigte Bereicherung. T. 4. Tyubingen, 1983.
7. Vvedenie v nemetskoe pravo / red. A. Zhalinskiy, A. Rerikht. M., 2001.
