An unjust-enrichment claim may apply where a person acquired or saved money or other property at another person’s expense without a legal, contractual or other valid basis. The legal label does not replace proof: the claimant must show the transfer or saving and the absence of a basis for it.
Core rule
Article 1102 of the Russian Civil Code requires the recipient to return property acquired or saved without a basis provided by law, another legal act or a transaction, subject to the exceptions in Article 1109. The rule can apply even if the enrichment resulted from the claimant’s action, a third party’s action or an event beyond the parties’ control.
Evidence to collect
- bank statements, payment orders or receipts showing the transfer;
- messages, invoices and contracts explaining the intended purpose;
- evidence that the stated purpose was not performed or the legal basis failed;
- the recipient’s details and current address;
- a calculation of the amount sought and any applicable interest.
Typical issues
A payment can be recoverable if it was made by mistake or after the expected basis did not arise. However, the claim may fail where a contract or another legal basis explains the payment, or where Article 1109 excludes restitution. Particular care is needed with subsistence payments, expired claims and payments made before a due date.
Pre-action and court stage
A written demand can clarify the requested amount and create a record of the claimant’s position. Before filing, confirm the correct defendant, the available evidence and the procedural court rules. The court evaluates the whole factual relationship rather than the payment order in isolation.
Legal framework
The key provisions are Articles 1102–1109 of the Russian Civil Code. Contract, tort, consumer and insolvency rules can also affect the correct claim.
This material is general information and is not a substitute for advice on a particular dispute.