TYPES OF ACQUIRING WITHOUT GROUND

Abstract

Although according to the provisions of our Law on Obligations, the

acquiring without ground can occur in any way, however in practice there

are several most common ways of acquiring without ground that have

become typical cases in this type of obligational relationships. The

identification and analysis of the typical cases of acquiring without

ground in the Macedonian law and in the legal theory have been imposed

as a natural follower of the authors' previous work which contained the

study of the acquiring without ground, through the terminology itself, the

definition, its dilemmas, the necessary conditions for the occurrence, and

the content of the obligation. In this paper, the emphasis will be placed

precisely on the issue of cases of acquiring without ground, in particular

the payment of non - existing obligation, fulfillment of an obligation

whose basis was not realized, fulfillment of an obligation whose

foundation was subsequently dropped, use of items in another's favor,

enrichment due to a third party action or vis major.