УДК 347.551+347.535

ORCID: 0000-0002-2590-2807

DOI 10.37566/2707-6849-2025-3(52)-5

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Olena BELIANEVYCH,

Professor of the Department of Civil Law and Procedure

Vasyl Stus Donetsk National University,

Doctor of Law, Professor

ON THE MOMENT OF ARISING OF A CONDUCTION OBLIGATION

The article examines the application of the provisions of Chapter 83 of the Civil Code, «Acquisition, Retention of Property without Sufficient Legal Ground», which serve as an additional measure of protection of property rights in cases where the legal features of restitution, vindication, consequences of termination of contracts or invalid transactions, and tort obligations do not provide sufficient grounds to satisfy a particular claim of the owner or do not fulfill their compensatory function. Attention is drawn to the incorrectness of equating the acquisition of property by a business entity without legal grounds with illicit enrichment. The provisions of the Civil Code on condiction obligations do not explicitly specify the moment from which a condiction obligation arises. Based on an analysis of case law and scientific sources, it is argued that the moment when a condictional obligation arises in a dispute with a condiсtional claim for the return (recovery) of unjustly acquired property (money) is related to the date on which the debtor became aware or could have become aware of the unjustified acquisition of the property (money). Such a date may be established by the circumstances of a specific case, which may include, in particular, the date of a banking transaction of transfer/crediting of funds, the date of a consignment note/act of receipt of property from a carrier, correspondence with the injured party, etc. It is substantiated that the emergence of the obligation of a business entity to return unjustly acquired property must be determined precisely on the basis of an objective criterion (the moment of the business transaction). In disputes with claims listed in Part 3 of Article 1212 of the Civil Code, in particular concerning the invalidation of a contested transaction, the moment of arising of a condiction obligation is the date on which the relevant court decision enters into legal force. In particular, this is important for the implementation of the additional obligation of a person who unjustifiably retained funds to issue so-called «conditional income» (income which the person received or could have received from the property from the time they became aware or could have become aware of possession of this property under a transaction declared invalid by a court). In bankruptcy cases, a creditor’s claims against a debtor under transactions invalidated by a court after the opening of bankruptcy proceedings are considered current claims.

Key words: condiction obligation, moment of arising of obligation, acquisition of property without sufficient legal ground, court decision, bankruptcy.

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