ИСПЛАТА НЕДУГОВАНОГ KAO ИЗВОР ОБЛИГАЦИЈА
PAYMENT OF NON-DEBT AS THE SOURCE OF OBLIGATIONS

Summary/Abstract: In the introductory part of this paper the author first explains general terminology of sources of obligations, then further develops the issue of unjust enrichment (condictio sine causa) as one ofthe sources of obligations. In the elaboration of this issue the author further studies the payment of non-debt (condictio indebiti) as the most important form of unjust enrichment conceiving the liability of the enriched debtor to make restitution to the claimant who has, in delusion, handed over certain monetary value. This traditional source of obligations is defined in our Code of Obligations as follows: when a certain part of a person’s property has been assigned in any way to the property of another, and such assignment is not legally founded, the proprietor is liable to resore it, and when it is not possible the proprietor is liable to make compensation of gained benefits. The author further analyses the conditions necessary for the restitution. The first conditions refers to the very fact of payment of non-debt, and the second condition — the necessity to prove that the claiment was in delusion, i.e. he believed that he wa s in debt a Uho ug h in rea ity he wa s no ^ o r he wa s in delusio n about the object and the extent of debt or the personality of the contractor (error in persona), including duress of payment. The author paid special attention to numerous cases similar to payment of nondebt, but cannot be defined as such since the creditor is not entitled to the restitution, such as e.g. premature payment of debt, payment of obligation after the limitation period has expired, payment in case of the claimant holding the right to request restitution. Finally, the author refers to the circumstance that special attention needs to be paid to this institute, not only in legal theory, but also in practice, in the sense of differing payment of non-debt as the source of obligations from similar cases producing other obligation relations, and not legally unjust enrichment as one of the sources of obligations.

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