The organization on its own carried out the construction of a garage for their own needs. Subsequently, the construction was suspended, the garage as an object not completed with construction was transferred to the balance of the organization.
The municipal enterprise, without the knowledge of the owner, dismantled the garage and removed the concrete slabs, using them in the future for their own purposes.
Since the return of the plates in kind was impossible, the organization appealed to the enterprise with a claim for the recovery of damages resulting from the illegal actions of the defendant. The plaintiff required to recover the cost of exported plates and the costs incurred during their installation.
Considering that there is an obligation on the side of the defendant as a result of unjust enrichment, the claimant based his requirements on the norms of Articles 1102, 1105 of the Civil Code of the Russian Federation.
The respondent, in response to the claim, indicated that there was no obligation due to unjust enrichment. In this case, there was an infliction of non-contractual harm. The Code provides for special rules governing the procedure for compensation for harm, and therefore, by virtue of sub-clause 1 of Article 1103 of the Code, claims for the return of unjust enrichment cannot be satisfied.
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